K1 Visa, Peru, US Citizens, numerous questions
Aug 20th 2003, 11:49 am
#1
Guest
Posts: n/a
K1 Visa, Peru, US Citizens, numerous questions
Hi,
I am in a pickle as I am sure many others are. I am hoping to get some
sound advice from anyone willing to answer. Here is my story......
I met and ulitmately fell in love with a Peruvian citizen who
unfortunately entered the US illegally. We have gone to a lawyer and
was told the only thing we can do is go to Peru and file the K1
Fianace Visa. Now we are both prepared to do this and he realizes that
there is a risk in doing so, but we honestly want to be with each
other so it is worth it. So at this point we are planning our trip to
Peru which obviously he will have to stay and I will come back and
file the necessary paperwork. About a week and half AFTER I come back
I am leaving for army basic training, so I will be gone for 9 weeks.
Our hope is that he will receive his K1 Visa by July, so that he may
enter the US LEGALLY and we can marry. I guess my questions are:
Does anyone have any other suggestions on how we can obtain papers for
my finance?
I read something about a DCF, how can I find out if the consulate in
Lima, Peru will do this?
Why would BCIS deny a K1 visa?
What happens if that does happen?
Would it be wise to hire a lawyer to handle this while I am in basic
training?
I live in PA, what center would I go through and approx. how long
would that take?
If anyone could give me any type of advice I would appreciate.
I am in a pickle as I am sure many others are. I am hoping to get some
sound advice from anyone willing to answer. Here is my story......
I met and ulitmately fell in love with a Peruvian citizen who
unfortunately entered the US illegally. We have gone to a lawyer and
was told the only thing we can do is go to Peru and file the K1
Fianace Visa. Now we are both prepared to do this and he realizes that
there is a risk in doing so, but we honestly want to be with each
other so it is worth it. So at this point we are planning our trip to
Peru which obviously he will have to stay and I will come back and
file the necessary paperwork. About a week and half AFTER I come back
I am leaving for army basic training, so I will be gone for 9 weeks.
Our hope is that he will receive his K1 Visa by July, so that he may
enter the US LEGALLY and we can marry. I guess my questions are:
Does anyone have any other suggestions on how we can obtain papers for
my finance?
I read something about a DCF, how can I find out if the consulate in
Lima, Peru will do this?
Why would BCIS deny a K1 visa?
What happens if that does happen?
Would it be wise to hire a lawyer to handle this while I am in basic
training?
I live in PA, what center would I go through and approx. how long
would that take?
If anyone could give me any type of advice I would appreciate.
Aug 21st 2003, 5:05 am
#2
Guest
Posts: n/a
Re: K1 Visa, Peru, US Citizens, numerous questions
[email protected] (Danielle) wrote in message news:<[email protected] om>...
> Hi,
>
> I am in a pickle as I am sure many others are. I am hoping to get some
> sound advice from anyone willing to answer. Here is my story......
>
> I met and ulitmately fell in love with a Peruvian citizen who
> unfortunately entered the US illegally. We have gone to a lawyer and
> was told the only thing we can do is go to Peru and file the K1
> Fianace Visa. Now we are both prepared to do this and he realizes that
> there is a risk in doing so, but we honestly want to be with each
> other so it is worth it. So at this point we are planning our trip to
> Peru which obviously he will have to stay and I will come back and
> file the necessary paperwork. About a week and half AFTER I come back
> I am leaving for army basic training, so I will be gone for 9 weeks.
> Our hope is that he will receive his K1 Visa by July, so that he may
> enter the US LEGALLY and we can marry. I guess my questions are:
>
> Does anyone have any other suggestions on how we can obtain papers for
> my finance?
>
> I read something about a DCF, how can I find out if the consulate in
> Lima, Peru will do this?
>
> Why would BCIS deny a K1 visa?
>
> What happens if that does happen?
>
> Would it be wise to hire a lawyer to handle this while I am in basic
> training?
>
> I live in PA, what center would I go through and approx. how long
> would that take?
>
> If anyone could give me any type of advice I would appreciate.
Ok, so I have been doing some more research on the DCF. From what I
have read it is possible for two non-residents to marry in Malaysia
and file the necesary paperwork for the non-US citizen to return with
the US citizen. Has anyone heard of doing this? Does anyone have any
experience with the Malaysian consulate? Do you think it would be a
problem if the non-US (illegal) citizen flew from the US to Malaysia??
Once again any insight would be helpful.
> Hi,
>
> I am in a pickle as I am sure many others are. I am hoping to get some
> sound advice from anyone willing to answer. Here is my story......
>
> I met and ulitmately fell in love with a Peruvian citizen who
> unfortunately entered the US illegally. We have gone to a lawyer and
> was told the only thing we can do is go to Peru and file the K1
> Fianace Visa. Now we are both prepared to do this and he realizes that
> there is a risk in doing so, but we honestly want to be with each
> other so it is worth it. So at this point we are planning our trip to
> Peru which obviously he will have to stay and I will come back and
> file the necessary paperwork. About a week and half AFTER I come back
> I am leaving for army basic training, so I will be gone for 9 weeks.
> Our hope is that he will receive his K1 Visa by July, so that he may
> enter the US LEGALLY and we can marry. I guess my questions are:
>
> Does anyone have any other suggestions on how we can obtain papers for
> my finance?
>
> I read something about a DCF, how can I find out if the consulate in
> Lima, Peru will do this?
>
> Why would BCIS deny a K1 visa?
>
> What happens if that does happen?
>
> Would it be wise to hire a lawyer to handle this while I am in basic
> training?
>
> I live in PA, what center would I go through and approx. how long
> would that take?
>
> If anyone could give me any type of advice I would appreciate.
Ok, so I have been doing some more research on the DCF. From what I
have read it is possible for two non-residents to marry in Malaysia
and file the necesary paperwork for the non-US citizen to return with
the US citizen. Has anyone heard of doing this? Does anyone have any
experience with the Malaysian consulate? Do you think it would be a
problem if the non-US (illegal) citizen flew from the US to Malaysia??
Once again any insight would be helpful.
Aug 21st 2003, 10:14 am
#3
Guest
Posts: n/a
Re: K1 Visa, Peru, US Citizens, numerous questions
One last thing.......
After doing additional research I found the Malaysia thing is out of
the question. So I am back to our original plan, returning to Peru.
I have thought of some additional questions...
If he purchases a one way ticket will that put up red flags?
Do they stamp your passport as you EXIT the US? (I know they didn't do
this for me previously, but obviously I am a USC)
If we buy a round trip ticket and he doesn't get on the plane back
will that cause any problems??
Our lawyer said getting out of the country isn't a problem, but I
really wanted to double check.
After doing additional research I found the Malaysia thing is out of
the question. So I am back to our original plan, returning to Peru.
I have thought of some additional questions...
If he purchases a one way ticket will that put up red flags?
Do they stamp your passport as you EXIT the US? (I know they didn't do
this for me previously, but obviously I am a USC)
If we buy a round trip ticket and he doesn't get on the plane back
will that cause any problems??
Our lawyer said getting out of the country isn't a problem, but I
really wanted to double check.
Aug 21st 2003, 4:20 pm
#4
Guest
Posts: n/a
Re: K1 Visa, Peru, US Citizens, numerous questions
How long has your Peruvian fiancee been in the USA illegally?
Generally, the lawyer is right, but there is an additional twist that can
make this far worse for you. If he has been in the US illegally for 180
days, he would be banned from the US for three years. If he has been in
the US illegally for one year, he would be banned for ten years.
So even if you manage to get the paperwork approved quickly, he would hit
a roadblock at the consulate in Peru until he has waited for this period.
If he has been in the US illegally for less than the 180 days, then the
lawyer's strategy is the best one available. If it has been more than 180
days, you should consider alternative strategies. One strategy is for him
to remain in the USA illegally for the time being. Hopefully - and quite
likely, in my mind - a section of the law called 245(i) will be
resurrected (it has been abolished a few years ago) in the foreseeable
future. This section would allow your husband to get a Green Card without
leaving the USA, and without facing the bans.
There may be other ways of getting around the problem. I have heard of two
options. For both, you would need an excellent competent attorney to
handle it. Also, both options have not been tested in court, so it is
anybody's guess if they will work.
Option 1) Have the attorney submit him for deportation. As soon as
deportation proceedings start, supposedly the three-year or ten-year bans
are cancelled. Deportation itself carries a five year ban. However, if you
then immediately apply for voluntary departure, this ban does not apply,
either. End result: all the bans are cancelled.
Option 2) Get married first. Then have him apply for parole at the local
BCIS office (they are not set up to do that, but by the letter of the law
are supposed to be able to grant it based on humanitarian concerns). Once
he has parole, he can then apply for adjustment of status and get his
Green Card. In this case, he should of course not leave the US until he
has his GC.
More answers below:
On Wed, 20 Aug 2003 16:49:48 -0700, Danielle wrote:
> Hi,
>
> I am in a pickle as I am sure many others are. I am hoping to get some
> sound advice from anyone willing to answer. Here is my story......
>
> I met and ulitmately fell in love with a Peruvian citizen who
> unfortunately entered the US illegally. We have gone to a lawyer and was
> told the only thing we can do is go to Peru and file the K1 Fianace
> Visa. Now we are both prepared to do this and he realizes that there is
> a risk in doing so, but we honestly want to be with each other so it is
> worth it. So at this point we are planning our trip to Peru which
> obviously he will have to stay and I will come back and file the
> necessary paperwork. About a week and half AFTER I come back I am
> leaving for army basic training, so I will be gone for 9 weeks. Our hope
> is that he will receive his K1 Visa by July, so that he may enter the US
> LEGALLY and we can marry. I guess my questions are:
>
> Does anyone have any other suggestions on how we can obtain papers for
> my finance?
Unfortunately, the options are extremely limited for people who crossed
the border illegally.
> I read something about a DCF, how can I find out if the consulate in
> Lima, Peru will do this?
You would have to call them. But this question is really nearly moot since
you are facing other, more important, issues.
> Why would BCIS deny a K1 visa?
Actually, BCIS does not have anything to do with issuing visas. What BCIS
does is approve a K-1 petition. As long as it is well prepared, it is
unlikely they will deny it. Takes around six months to a year. He would
then take the petition to the consulate in Lima and apply for a K-1 visa
there. The consulate is part of Department of State, a different agency.
And the consulate would deny the visa if one of the bans applies.
> What happens if that does happen?
He doesn't have a visa and can't travel to the USA.
> Would it be wise to hire a lawyer to handle this while I am in basic
> training?
Yes. Be sure to find one who is very competent; especially if you plan on
pursuing one of the options I outlined above, you will need somebody who
absolutely 100% knows what he is doing.
> I live in PA, what center would I go through and approx. how long would
> that take?
It depends on your strategy. Your K-1 would go through Vermont and Lima.
If you get married within the US and then find a way to adjust status, it
would happen in the city where you live, probably Pittsburg or
Philadelphia. I'm not sure exactly where the offices are located, there
might be more than one in PA. The BCIS Web site has a list of all offices,
by the way. And if you take the route of deportation/voluntary departure,
you'd also be dealing with yet another agency - BICE - and quite likely
immigration courts.
> If anyone could give me any type of advice I would appreciate.
--
Keep American Families united! Support H.R. 539, H.R. 832 and S. 1510
For more information, see http://www.kkeane.com/lobbyspousal-faq.shtml
Generally, the lawyer is right, but there is an additional twist that can
make this far worse for you. If he has been in the US illegally for 180
days, he would be banned from the US for three years. If he has been in
the US illegally for one year, he would be banned for ten years.
So even if you manage to get the paperwork approved quickly, he would hit
a roadblock at the consulate in Peru until he has waited for this period.
If he has been in the US illegally for less than the 180 days, then the
lawyer's strategy is the best one available. If it has been more than 180
days, you should consider alternative strategies. One strategy is for him
to remain in the USA illegally for the time being. Hopefully - and quite
likely, in my mind - a section of the law called 245(i) will be
resurrected (it has been abolished a few years ago) in the foreseeable
future. This section would allow your husband to get a Green Card without
leaving the USA, and without facing the bans.
There may be other ways of getting around the problem. I have heard of two
options. For both, you would need an excellent competent attorney to
handle it. Also, both options have not been tested in court, so it is
anybody's guess if they will work.
Option 1) Have the attorney submit him for deportation. As soon as
deportation proceedings start, supposedly the three-year or ten-year bans
are cancelled. Deportation itself carries a five year ban. However, if you
then immediately apply for voluntary departure, this ban does not apply,
either. End result: all the bans are cancelled.
Option 2) Get married first. Then have him apply for parole at the local
BCIS office (they are not set up to do that, but by the letter of the law
are supposed to be able to grant it based on humanitarian concerns). Once
he has parole, he can then apply for adjustment of status and get his
Green Card. In this case, he should of course not leave the US until he
has his GC.
More answers below:
On Wed, 20 Aug 2003 16:49:48 -0700, Danielle wrote:
> Hi,
>
> I am in a pickle as I am sure many others are. I am hoping to get some
> sound advice from anyone willing to answer. Here is my story......
>
> I met and ulitmately fell in love with a Peruvian citizen who
> unfortunately entered the US illegally. We have gone to a lawyer and was
> told the only thing we can do is go to Peru and file the K1 Fianace
> Visa. Now we are both prepared to do this and he realizes that there is
> a risk in doing so, but we honestly want to be with each other so it is
> worth it. So at this point we are planning our trip to Peru which
> obviously he will have to stay and I will come back and file the
> necessary paperwork. About a week and half AFTER I come back I am
> leaving for army basic training, so I will be gone for 9 weeks. Our hope
> is that he will receive his K1 Visa by July, so that he may enter the US
> LEGALLY and we can marry. I guess my questions are:
>
> Does anyone have any other suggestions on how we can obtain papers for
> my finance?
Unfortunately, the options are extremely limited for people who crossed
the border illegally.
> I read something about a DCF, how can I find out if the consulate in
> Lima, Peru will do this?
You would have to call them. But this question is really nearly moot since
you are facing other, more important, issues.
> Why would BCIS deny a K1 visa?
Actually, BCIS does not have anything to do with issuing visas. What BCIS
does is approve a K-1 petition. As long as it is well prepared, it is
unlikely they will deny it. Takes around six months to a year. He would
then take the petition to the consulate in Lima and apply for a K-1 visa
there. The consulate is part of Department of State, a different agency.
And the consulate would deny the visa if one of the bans applies.
> What happens if that does happen?
He doesn't have a visa and can't travel to the USA.
> Would it be wise to hire a lawyer to handle this while I am in basic
> training?
Yes. Be sure to find one who is very competent; especially if you plan on
pursuing one of the options I outlined above, you will need somebody who
absolutely 100% knows what he is doing.
> I live in PA, what center would I go through and approx. how long would
> that take?
It depends on your strategy. Your K-1 would go through Vermont and Lima.
If you get married within the US and then find a way to adjust status, it
would happen in the city where you live, probably Pittsburg or
Philadelphia. I'm not sure exactly where the offices are located, there
might be more than one in PA. The BCIS Web site has a list of all offices,
by the way. And if you take the route of deportation/voluntary departure,
you'd also be dealing with yet another agency - BICE - and quite likely
immigration courts.
> If anyone could give me any type of advice I would appreciate.
--
Keep American Families united! Support H.R. 539, H.R. 832 and S. 1510
For more information, see http://www.kkeane.com/lobbyspousal-faq.shtml
Aug 22nd 2003, 7:11 am
#5
Just Joined
Joined: Aug 2003
Posts: 4
Thank you........
Ingo:
First let me say thank you for replying to my message. I totally realize that others would shy away because of the circumstances of my story.
As it stands, my finance has been in the US for 3 years so obviously he would be subject to the 10 year ban. But I guess my other question would be, if they have no record of him entering and if he gets out without notice, how would know to impose the ban on him? I guess that is where I am a little confused.
Also, I would be interested in trying the other options, but I have no idea where to find a competent attorney willing to try this or even what makes them competent. I understand that since this is federal law I am dealing I can use a lawyer from anywhere in the nation. Do you know where I could find a really good lawyer?? I am willing to pay the money to keep my finance here.
Once again thank you for taking your time to respond to my inquiry.
Gratefully,
Danielle
First let me say thank you for replying to my message. I totally realize that others would shy away because of the circumstances of my story.
As it stands, my finance has been in the US for 3 years so obviously he would be subject to the 10 year ban. But I guess my other question would be, if they have no record of him entering and if he gets out without notice, how would know to impose the ban on him? I guess that is where I am a little confused.
Also, I would be interested in trying the other options, but I have no idea where to find a competent attorney willing to try this or even what makes them competent. I understand that since this is federal law I am dealing I can use a lawyer from anywhere in the nation. Do you know where I could find a really good lawyer?? I am willing to pay the money to keep my finance here.
Once again thank you for taking your time to respond to my inquiry.
Gratefully,
Danielle
Aug 24th 2003, 6:29 pm
#6
Guest
Posts: n/a
Re: K1 Visa, Peru, US Citizens, numerous questions
On Fri, 22 Aug 2003 19:11:53 +0000, ISOHelp wrote:
> Ingo:
>
> First let me say thank you for replying to my message. I totally realize
> that others would shy away because of the circumstances of my story.
>
> As it stands, my finance has been in the US for 3 years so obviously he
> would be subject to the 10 year ban. But I guess my other question would
> be, if they have no record of him entering and if he gets out without
> notice, how would know to impose the ban on him? I guess that is where I
> am a little confused.
Very simply: they'd ask. Among the forms you have to file is a complete
biography form detailing all his past jobs and previous stays in the USA.
You could of course leave a gap of three years - and invite more
questions. Or you could lie - but that would be immigration fraud, and if
it ever came out (and, believe me, it will!), he would be deported and
banned for life. Even if he got through undetected, got his Green Card,
and eventually got his US citizenship, he could be stripped of his
citizenship, and then deported.
So, quite frankly, this is something that you would NOT want to do!
You might also end up in prison yourself for assisting with immigrant
smuggling, although that usually only happens for people who do this
commercially.
> Also, I would be interested in trying the other options, but I have no
> idea where to find a competent attorney willing to try this or even what
> makes them competent. I understand that since this is federal law I am
> dealing I can use a lawyer from anywhere in the nation. Do you know
> where I could find a really good lawyer?? I am willing to pay the money
> to keep my finance here.
Well, first off, the lawyer you first talked to obviously is not the right
candidate. He didn't even warn you of the ten-year ban! As the saying
goes, you will probably have to kiss many frogs before you find your
prince, the just-right attorney. Keep calling immigration attorneys in
your city until you find one who you feel is competent about analyzing
your situation. Once you have found such an attorney, next ask him about
the suggestions I made, and see how he feels about them. You definitely
need somebody who is very aggressive to make such a strategy work. BTW, I
think I read about both strategies at the Visalaw.com site, if memory
serves me right.
As for it being federal law: in general, that's true. In your case, I
would want somebody local, though, because there is a very good chance
that hearings will be involved - most immigration law consists of just
filling out forms. Of course, if you find a really good lawyer somewhere
else, then it would be OK for you to move to that city.
As for the money, I'm glad you mention it. You should be prepared for a
very substantial sum. My guess is, at least $10k, and it could even reach
$50k or more for such a complicated case. On the bright side, both of
these strategies are legally untested. Sometimes, there is substantial
interest in people who try something like that for the first time, and you
might be able to get organizations such as AILA to help pay for it.
Also, do be prepared for years, quite possibly decades, of uncertainty and
high stress.
I really do root for you, just don't want to give you the illusion that it
will be easy.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
> Ingo:
>
> First let me say thank you for replying to my message. I totally realize
> that others would shy away because of the circumstances of my story.
>
> As it stands, my finance has been in the US for 3 years so obviously he
> would be subject to the 10 year ban. But I guess my other question would
> be, if they have no record of him entering and if he gets out without
> notice, how would know to impose the ban on him? I guess that is where I
> am a little confused.
Very simply: they'd ask. Among the forms you have to file is a complete
biography form detailing all his past jobs and previous stays in the USA.
You could of course leave a gap of three years - and invite more
questions. Or you could lie - but that would be immigration fraud, and if
it ever came out (and, believe me, it will!), he would be deported and
banned for life. Even if he got through undetected, got his Green Card,
and eventually got his US citizenship, he could be stripped of his
citizenship, and then deported.
So, quite frankly, this is something that you would NOT want to do!
You might also end up in prison yourself for assisting with immigrant
smuggling, although that usually only happens for people who do this
commercially.
> Also, I would be interested in trying the other options, but I have no
> idea where to find a competent attorney willing to try this or even what
> makes them competent. I understand that since this is federal law I am
> dealing I can use a lawyer from anywhere in the nation. Do you know
> where I could find a really good lawyer?? I am willing to pay the money
> to keep my finance here.
Well, first off, the lawyer you first talked to obviously is not the right
candidate. He didn't even warn you of the ten-year ban! As the saying
goes, you will probably have to kiss many frogs before you find your
prince, the just-right attorney. Keep calling immigration attorneys in
your city until you find one who you feel is competent about analyzing
your situation. Once you have found such an attorney, next ask him about
the suggestions I made, and see how he feels about them. You definitely
need somebody who is very aggressive to make such a strategy work. BTW, I
think I read about both strategies at the Visalaw.com site, if memory
serves me right.
As for it being federal law: in general, that's true. In your case, I
would want somebody local, though, because there is a very good chance
that hearings will be involved - most immigration law consists of just
filling out forms. Of course, if you find a really good lawyer somewhere
else, then it would be OK for you to move to that city.
As for the money, I'm glad you mention it. You should be prepared for a
very substantial sum. My guess is, at least $10k, and it could even reach
$50k or more for such a complicated case. On the bright side, both of
these strategies are legally untested. Sometimes, there is substantial
interest in people who try something like that for the first time, and you
might be able to get organizations such as AILA to help pay for it.
Also, do be prepared for years, quite possibly decades, of uncertainty and
high stress.
I really do root for you, just don't want to give you the illusion that it
will be easy.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Aug 27th 2003, 11:03 am
#7
Just Joined
Joined: Aug 2003
Posts: 4
Re: K1 Visa, Peru, US Citizens, numerous questions
{sigh}
It is extremely discouraging. I wonder how I can feel so happy and so sad at the time.
We both wish that he would've entered the US legally, but the fact is that he probably would've been denied a tourist visa due to the fact that he comes from a country with high poverty rate. What proof would have that he would return?
So even though I wish he would've entered legally (as does he) we both know that if he did we would've never met each other.
I do wonder how difficult is it to get the waiver on the 10 year ban?? I understand that I must prove super duper extreme hardship. How do you prove that? I mean the fact is that even though my heart will break without him I will not instantly die.
So the only feasible options are: 1) Leave voluntarily and "try" to get a waiver on the ban 2) Wait around illegally for 245 i to be reinstated if ever 3) Live in fear and doubt knowing he can never reach his full potential due to his circumstances.
Of course all this is made more difficult by the fact that I am joining the army and will be leaving soon. We were hoping we could marry and be together, but the job that I am doing in the military has this top secret clearance thing which probably wouldn't look to highly on the fact that he is an undocumented alien.
My hope was to get stationed in Germany. I am not sure how difficult it is to get a visa to Germany for a Peruvian citizen, but my last hope was that if nothing happened between now and the time I leave, perhaps he can leave the USA and go to Germany where we may marry. And since I would be stationed there for at least 3 years we could work out all the details and still be together. But questions and doubts still linger. I still don't know what happens when someone in his situation attempts to leave the country. When he goes to the airport do they check his visa as he is leaving? And then what? Pull him aside and say, "Hey, you were here illegally and now you are leaving, you are in trouble, so you can't leave yet because we want to kick you out"
{sigh} I wish I was as lucky as the other posters who may be separated from their loved ones, but know that there is hope at the end of the tunnel and one day even though it may take X amount of days they will be reunited with the one they love, legally!
Thank you.
It is extremely discouraging. I wonder how I can feel so happy and so sad at the time.
We both wish that he would've entered the US legally, but the fact is that he probably would've been denied a tourist visa due to the fact that he comes from a country with high poverty rate. What proof would have that he would return?
So even though I wish he would've entered legally (as does he) we both know that if he did we would've never met each other.
I do wonder how difficult is it to get the waiver on the 10 year ban?? I understand that I must prove super duper extreme hardship. How do you prove that? I mean the fact is that even though my heart will break without him I will not instantly die.
So the only feasible options are: 1) Leave voluntarily and "try" to get a waiver on the ban 2) Wait around illegally for 245 i to be reinstated if ever 3) Live in fear and doubt knowing he can never reach his full potential due to his circumstances.
Of course all this is made more difficult by the fact that I am joining the army and will be leaving soon. We were hoping we could marry and be together, but the job that I am doing in the military has this top secret clearance thing which probably wouldn't look to highly on the fact that he is an undocumented alien.
My hope was to get stationed in Germany. I am not sure how difficult it is to get a visa to Germany for a Peruvian citizen, but my last hope was that if nothing happened between now and the time I leave, perhaps he can leave the USA and go to Germany where we may marry. And since I would be stationed there for at least 3 years we could work out all the details and still be together. But questions and doubts still linger. I still don't know what happens when someone in his situation attempts to leave the country. When he goes to the airport do they check his visa as he is leaving? And then what? Pull him aside and say, "Hey, you were here illegally and now you are leaving, you are in trouble, so you can't leave yet because we want to kick you out"
{sigh} I wish I was as lucky as the other posters who may be separated from their loved ones, but know that there is hope at the end of the tunnel and one day even though it may take X amount of days they will be reunited with the one they love, legally!
Thank you.
Aug 27th 2003, 6:37 pm
#8
Guest
Posts: n/a
Re: K1 Visa, Peru, US Citizens, numerous questions
On Wed, 27 Aug 2003 23:03:44 +0000, ISOHelp wrote:
> {sigh}
>
> It is extremely discouraging. I wonder how I can feel so happy and so
> sad at the time.
>
> We both wish that he would've entered the US legally, but the fact is
> that he probably would've been denied a tourist visa due to the fact
> that he comes from a country with high poverty rate. What proof would
> have that he would return?
>
> So even though I wish he would've entered legally (as does he) we both
> know that if he did we would've never met each other.
>
> I do wonder how difficult is it to get the waiver on the 10 year ban?? I
> understand that I must prove super duper extreme hardship. How do you
> prove that? I mean the fact is that even though my heart will break
> without him I will not instantly die.
You are right, that is not enough. The rule is that the hardship needs to
be substantially more severe than what just the separation or your moving
to Peru would bring.
Cases that have been won involved some of the following:
- there were US citizen children involved, and adequate schooling was
unavailable in the other country. The language barrier could be a factor
here, too.
- you yourself have a medical condition.
- a lawyer would not be allowed to practice in the other country.
> So the only feasible options are: 1) Leave voluntarily and "try" to get
> a waiver on the ban 2) Wait around illegally for 245 i to be reinstated
> if ever 3) Live in fear and doubt knowing he can never reach his full
> potential due to his circumstances.
>
> Of course all this is made more difficult by the fact that I am joining
> the army and will be leaving soon. We were hoping we could marry and be
> together, but the job that I am doing in the military has this top
> secret clearance thing which probably wouldn't look to highly on the
> fact that he is an undocumented alien.
That inspires another possible option. Try to get him into the military.
Technically, the military is only supposed to accept US citizens and
people with work authorization. But there have been people who managed to
enlist while being an undocumented alien. It could get him a very quick
path to citizenship.
> My hope was to get stationed in Germany. I am not sure how difficult it
> is to get a visa to Germany for a Peruvian citizen, but my last hope was
> that if nothing happened between now and the time I leave, perhaps he
> can leave the USA and go to Germany where we may marry.
I believe you need a good reason, similar to getting a Green Card for the
US. However, Germany is far more stingy with those. Except for marriage to
a German citizen or inheriting the Aufenthaltsgenehmigung from your
parents (if you are born in Germany, you aren't automatically a German
citizen, but you do inherit the Aufenthaltsgenehmigung), there is
virtually no immigration any more.
> And since I would be stationed there for at least 3 years we could work
> out all the details and still be together. But questions and doubts
> still linger. I still don't know what happens when someone in his
> situation attempts to leave the country. When he goes to the airport do
> they check his visa as he is leaving? And then what? Pull him aside and
> say, "Hey, you were here illegally and now you are leaving, you are in
> trouble, so you can't leave yet because we want to kick you out"
No. There is no check at all when leaving the country. He wouldn't find
out what kind of trouble he is in until he tries to return to the USA.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
> {sigh}
>
> It is extremely discouraging. I wonder how I can feel so happy and so
> sad at the time.
>
> We both wish that he would've entered the US legally, but the fact is
> that he probably would've been denied a tourist visa due to the fact
> that he comes from a country with high poverty rate. What proof would
> have that he would return?
>
> So even though I wish he would've entered legally (as does he) we both
> know that if he did we would've never met each other.
>
> I do wonder how difficult is it to get the waiver on the 10 year ban?? I
> understand that I must prove super duper extreme hardship. How do you
> prove that? I mean the fact is that even though my heart will break
> without him I will not instantly die.
You are right, that is not enough. The rule is that the hardship needs to
be substantially more severe than what just the separation or your moving
to Peru would bring.
Cases that have been won involved some of the following:
- there were US citizen children involved, and adequate schooling was
unavailable in the other country. The language barrier could be a factor
here, too.
- you yourself have a medical condition.
- a lawyer would not be allowed to practice in the other country.
> So the only feasible options are: 1) Leave voluntarily and "try" to get
> a waiver on the ban 2) Wait around illegally for 245 i to be reinstated
> if ever 3) Live in fear and doubt knowing he can never reach his full
> potential due to his circumstances.
>
> Of course all this is made more difficult by the fact that I am joining
> the army and will be leaving soon. We were hoping we could marry and be
> together, but the job that I am doing in the military has this top
> secret clearance thing which probably wouldn't look to highly on the
> fact that he is an undocumented alien.
That inspires another possible option. Try to get him into the military.
Technically, the military is only supposed to accept US citizens and
people with work authorization. But there have been people who managed to
enlist while being an undocumented alien. It could get him a very quick
path to citizenship.
> My hope was to get stationed in Germany. I am not sure how difficult it
> is to get a visa to Germany for a Peruvian citizen, but my last hope was
> that if nothing happened between now and the time I leave, perhaps he
> can leave the USA and go to Germany where we may marry.
I believe you need a good reason, similar to getting a Green Card for the
US. However, Germany is far more stingy with those. Except for marriage to
a German citizen or inheriting the Aufenthaltsgenehmigung from your
parents (if you are born in Germany, you aren't automatically a German
citizen, but you do inherit the Aufenthaltsgenehmigung), there is
virtually no immigration any more.
> And since I would be stationed there for at least 3 years we could work
> out all the details and still be together. But questions and doubts
> still linger. I still don't know what happens when someone in his
> situation attempts to leave the country. When he goes to the airport do
> they check his visa as he is leaving? And then what? Pull him aside and
> say, "Hey, you were here illegally and now you are leaving, you are in
> trouble, so you can't leave yet because we want to kick you out"
No. There is no check at all when leaving the country. He wouldn't find
out what kind of trouble he is in until he tries to return to the USA.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
Aug 29th 2003, 5:56 am
#9
Just Joined
Joined: Aug 2003
Posts: 4
Once again thank you...........
Ingo:
Thank you again for taking time out of your day to read and respond to my messages. I really do appreciate you doing this considering my situation is basically a no-win.
If you wouldn't mind hanging in there for a few more questions I would be very grateful......
You mentioned about getting him into the military and that being a fast track to citizenship. My perception is actually the opposite. I figured if he would enter the US military and they found out he was actually undocumented that would be a fast track to deportation and perhaps other hefty penalities. Being that I am USC I take for granted that they check everything during the whole process. My finance does have documents, but they are forged obviously. He has a fake SSN and Alien Resident Card, so wouldn't they cross reference that in some big database that gov't must have? I mean especially now after 9/11. But it is funny that you mention the military because it is actually his dream to serve in the US military.
Regarding the whole Germany thing. Is it that difficult just to get a tourist visa to Germany? I was hoping that he could enter Germany legally and get married over there. I certainly wouldn't expect the German gov't to give him citizenship or anything, but since I would be on a US installation and we would be married I figured he would be able to stay with me. I have had difficulty finding out exactly what a Peruvian citizen needs to do to enter Germany on a leisurely visa.
Also, I read something on another post regarding voluntary departure. I believe you responded to the person that if someone files the paperwork to leave voluntarily and incurs the expense of leaving that US gov't would forgive some bans? I was under the impression that once you left that is it, you are banned baby! So I guess I need a little more clarification on the whole voluntary departure thing.
Anyway, once again, thank you! Your help has been invaluable!
Respectfully,
Danielle
Thank you again for taking time out of your day to read and respond to my messages. I really do appreciate you doing this considering my situation is basically a no-win.
If you wouldn't mind hanging in there for a few more questions I would be very grateful......
You mentioned about getting him into the military and that being a fast track to citizenship. My perception is actually the opposite. I figured if he would enter the US military and they found out he was actually undocumented that would be a fast track to deportation and perhaps other hefty penalities. Being that I am USC I take for granted that they check everything during the whole process. My finance does have documents, but they are forged obviously. He has a fake SSN and Alien Resident Card, so wouldn't they cross reference that in some big database that gov't must have? I mean especially now after 9/11. But it is funny that you mention the military because it is actually his dream to serve in the US military.
Regarding the whole Germany thing. Is it that difficult just to get a tourist visa to Germany? I was hoping that he could enter Germany legally and get married over there. I certainly wouldn't expect the German gov't to give him citizenship or anything, but since I would be on a US installation and we would be married I figured he would be able to stay with me. I have had difficulty finding out exactly what a Peruvian citizen needs to do to enter Germany on a leisurely visa.
Also, I read something on another post regarding voluntary departure. I believe you responded to the person that if someone files the paperwork to leave voluntarily and incurs the expense of leaving that US gov't would forgive some bans? I was under the impression that once you left that is it, you are banned baby! So I guess I need a little more clarification on the whole voluntary departure thing.
Anyway, once again, thank you! Your help has been invaluable!
Respectfully,
Danielle
Aug 29th 2003, 7:11 pm
#10
Guest
Posts: n/a
Re: K1 Visa, Peru, US Citizens, numerous questions
On Fri, 29 Aug 2003 17:56:05 +0000, ISOHelp wrote:
> Ingo:
>
> Thank you again for taking time out of your day to read and respond to
> my messages. I really do appreciate you doing this considering my
> situation is basically a no-win.
>
> If you wouldn't mind hanging in there for a few more questions I would
> be very grateful......
>
>
>
> You mentioned about getting him into the military and that being a fast
> track to citizenship. My perception is actually the opposite. I figured
> if he would enter the US military and they found out he was actually
> undocumented that would be a fast track to deportation and perhaps other
> hefty penalities.
I agree that there is a substantial risk. However, quite a few people have
successfully pursued this. Remember that many members of the military were
naturalized as a thank you for their recent services. I hear that a large
share of them actually did not have a valid status.
> Being that I am USC I take for granted that they check everything during
> the whole process. My finance does have documents, but they are forged
> obviously. He has a fake SSN and Alien Resident Card, so wouldn't they
> cross reference that in some big database that gov't must have?
The SSN could be a problem because his earnings would be taxed, but in all
honesty, I don't think they will check all that closely. From what my
military friends tell me, the military bureaucracy is horribly inefficient
when it comes to such things, and it may well slip through the cracks.
> I mean especially now after 9/11. But it is funny that you mention the
> military because it is actually his dream to serve in the US military.
9/11 is a two-edged sword in this respect. One of the benefits is that the
military is now more interested in recruiting than they used to be.
> Regarding the whole Germany thing. Is it that difficult just to get a
> tourist visa to Germany? I was hoping that he could enter Germany
> legally and get married over there.
No, tourist visas for Germany are pretty simple. I can tell you that for
Chilean citizens, the tourist status is good for 90 days. Presumably, it's
the same for Peruvians.
> I certainly wouldn't expect the German gov't to give him citizenship or
> anything, but since I would be on a US installation and we would be
> married I figured he would be able to stay with me. I have had
> difficulty finding out exactly what a Peruvian citizen needs to do to
> enter Germany on a leisurely visa.
A passport and evidence that his intentions are purely touristic. It's not
much different from getting a tourist visa for the US, actually, except
that the Germans are a bit more generous. The reason is probably that it
is virtually impossible to legally immigrate to Germany, so they are not
too concerned about somebody trying to abuse the tourist status as a
jumping off point.
> Also, I read something on another post regarding voluntary departure. I
> believe you responded to the person that if someone files the paperwork
> to leave voluntarily and incurs the expense of leaving that US gov't
> would forgive some bans? I was under the impression that once you left
> that is it, you are banned baby! So I guess I need a little more
> clarification on the whole voluntary departure thing.
Yes, I actually thought that I had suggested a similar strategy for you.
Maybe my memory is dying ;-)
Seriously, though: don't do that without a competent attorney. It is
legally quite uncharted water.
Generally, you are right, once you left, that's it, "you are banned baby"
as you put it so concisely. However, deportation changes quite a few
things. It actually overrides pretty much any other immigration
consequence that your prior status violation had, including imposing a
different ban that would replace the original one.
Now as long as you are not a criminal, you may ask for permission to leave
the USA on your own, rather than wait for the government to put you on the
plane. In return, most immigration consequences of deportation are waived.
So, the legal theory goes, the original ten year ban no longer applies
because deportation proceedings have started. And those remain without
major consequences, too, because he would voluntarily depart.
Again, this is a legal theory that somebody (not me!) came up with, it is
by no means guaranteed to work that way in real life. So you better
double-check with a competent attorney, and I would recommend
triple-checking with another one!
--
Keep American Families united! Support H.R. 539, H.R. 832 and S. 1510
For more information, see http://www.kkeane.com/lobbyspousal-faq.shtml
> Ingo:
>
> Thank you again for taking time out of your day to read and respond to
> my messages. I really do appreciate you doing this considering my
> situation is basically a no-win.
>
> If you wouldn't mind hanging in there for a few more questions I would
> be very grateful......
>
>
>
> You mentioned about getting him into the military and that being a fast
> track to citizenship. My perception is actually the opposite. I figured
> if he would enter the US military and they found out he was actually
> undocumented that would be a fast track to deportation and perhaps other
> hefty penalities.
I agree that there is a substantial risk. However, quite a few people have
successfully pursued this. Remember that many members of the military were
naturalized as a thank you for their recent services. I hear that a large
share of them actually did not have a valid status.
> Being that I am USC I take for granted that they check everything during
> the whole process. My finance does have documents, but they are forged
> obviously. He has a fake SSN and Alien Resident Card, so wouldn't they
> cross reference that in some big database that gov't must have?
The SSN could be a problem because his earnings would be taxed, but in all
honesty, I don't think they will check all that closely. From what my
military friends tell me, the military bureaucracy is horribly inefficient
when it comes to such things, and it may well slip through the cracks.
> I mean especially now after 9/11. But it is funny that you mention the
> military because it is actually his dream to serve in the US military.
9/11 is a two-edged sword in this respect. One of the benefits is that the
military is now more interested in recruiting than they used to be.
> Regarding the whole Germany thing. Is it that difficult just to get a
> tourist visa to Germany? I was hoping that he could enter Germany
> legally and get married over there.
No, tourist visas for Germany are pretty simple. I can tell you that for
Chilean citizens, the tourist status is good for 90 days. Presumably, it's
the same for Peruvians.
> I certainly wouldn't expect the German gov't to give him citizenship or
> anything, but since I would be on a US installation and we would be
> married I figured he would be able to stay with me. I have had
> difficulty finding out exactly what a Peruvian citizen needs to do to
> enter Germany on a leisurely visa.
A passport and evidence that his intentions are purely touristic. It's not
much different from getting a tourist visa for the US, actually, except
that the Germans are a bit more generous. The reason is probably that it
is virtually impossible to legally immigrate to Germany, so they are not
too concerned about somebody trying to abuse the tourist status as a
jumping off point.
> Also, I read something on another post regarding voluntary departure. I
> believe you responded to the person that if someone files the paperwork
> to leave voluntarily and incurs the expense of leaving that US gov't
> would forgive some bans? I was under the impression that once you left
> that is it, you are banned baby! So I guess I need a little more
> clarification on the whole voluntary departure thing.
Yes, I actually thought that I had suggested a similar strategy for you.
Maybe my memory is dying ;-)
Seriously, though: don't do that without a competent attorney. It is
legally quite uncharted water.
Generally, you are right, once you left, that's it, "you are banned baby"
as you put it so concisely. However, deportation changes quite a few
things. It actually overrides pretty much any other immigration
consequence that your prior status violation had, including imposing a
different ban that would replace the original one.
Now as long as you are not a criminal, you may ask for permission to leave
the USA on your own, rather than wait for the government to put you on the
plane. In return, most immigration consequences of deportation are waived.
So, the legal theory goes, the original ten year ban no longer applies
because deportation proceedings have started. And those remain without
major consequences, too, because he would voluntarily depart.
Again, this is a legal theory that somebody (not me!) came up with, it is
by no means guaranteed to work that way in real life. So you better
double-check with a competent attorney, and I would recommend
triple-checking with another one!
--
Keep American Families united! Support H.R. 539, H.R. 832 and S. 1510
For more information, see http://www.kkeane.com/lobbyspousal-faq.shtml
Aug 30th 2003, 8:12 pm
#11
Guest
Posts: n/a
Re: K1 Visa, Peru, US Citizens, numerous questions
On Fri, 29 Aug 2003 17:56:05 +0000, ISOHelp wrote:
> Regarding the whole Germany thing. Is it that difficult just to get a
> tourist visa to Germany?
I just talked to my brother; he recently arranged for a tourist visa for
somebody from Chile. Indeed, the visa is good for a visit of 90 days, and
he said that this is true for all South American countries. All you need
to apply is a passport. Apparently, it is a bit more difficult to get in
countries that have substantial drug exports, such as Columbia. I also
suspect that it might be more difficult for somebody who is illegally in
the USA.
> I was hoping that he could enter Germany legally and get married over
> there. I certainly wouldn't expect the German gov't to give him
> citizenship or anything, but since I would be on a US installation and
> we would be married I figured he would be able to stay with me.
He would still only be allowed to stay with you if he has a valid status
in Germany. It is my understanding that you would be covered by your
military orders; they are as good as a visa for Germany. Whether the
orders would automatically also cover a family member, especially a non-US
citizen, is something that I can't tell you.
But, come to think about it, there is yet another twist. Under certain
circumstances, a spouse of a US citizen working abroad is entitled to
immediately become a US citizen himself. I don't think your fiance would
qualify (I think the spouse first has to be a permanent resident),
unfortunately, but wanted to mention this anyway in case you want to
further research it and confirm whether it might be an option.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
> Regarding the whole Germany thing. Is it that difficult just to get a
> tourist visa to Germany?
I just talked to my brother; he recently arranged for a tourist visa for
somebody from Chile. Indeed, the visa is good for a visit of 90 days, and
he said that this is true for all South American countries. All you need
to apply is a passport. Apparently, it is a bit more difficult to get in
countries that have substantial drug exports, such as Columbia. I also
suspect that it might be more difficult for somebody who is illegally in
the USA.
> I was hoping that he could enter Germany legally and get married over
> there. I certainly wouldn't expect the German gov't to give him
> citizenship or anything, but since I would be on a US installation and
> we would be married I figured he would be able to stay with me.
He would still only be allowed to stay with you if he has a valid status
in Germany. It is my understanding that you would be covered by your
military orders; they are as good as a visa for Germany. Whether the
orders would automatically also cover a family member, especially a non-US
citizen, is something that I can't tell you.
But, come to think about it, there is yet another twist. Under certain
circumstances, a spouse of a US citizen working abroad is entitled to
immediately become a US citizen himself. I don't think your fiance would
qualify (I think the spouse first has to be a permanent resident),
unfortunately, but wanted to mention this anyway in case you want to
further research it and confirm whether it might be an option.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
