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Thread: Mexican/american Marrying Albanian

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    Mexican/american Marrying Albanian

    deletd
    Last edited by czech; 08-15-2007 at 06:14 PM.

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    can someone please post something...anything...thanks

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    i don't think he's going to be able to go through cdj. I'm going to move this post to the other category.

    Don't worry, someone will post

    Where to start?
    I am a U.S. citizen and my spouse/fiance is or was present Illegally - what do I do?
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    Hi, Czech.

    There have been some approvals for people who filed through Albania. The site recently crashed and a lot of stuff was lost, but perhaps some of those people will chime in.

    I don't think lying is a good idea. If they catch you doing it, you'll screw up your chances to ever get his legal residency. Plus, how will you say you met him & became engaged? They really check things like that looking for fradulent marriages/ "greencard" marriages.

    Did he ever have a visa or did he EWI (enter without inspection)? How many times did he enter and has he ever left? Has he ever committed any crimes?

    As long as he only entered once, you should be able to file the I-601. To file in Mexico, I think he needs to legally resdie there- and that might be hard to swing. CDJ 'takes' non-Mexicans, but they have to be legally residing in Mexico for at least 1 year before filing. Getting married at or straddling the border won't help (and isn't really feasible anyway.)

    You'll need to file either the I-130 if you do get married or the I-129f is your are engaged for him and eventually you'll get an interview. The interview will be in Albania (or whatever consulate handles Albanian cases) and at that interview you'll be denied his visa. As long as he's only entered 1 time, you'll be able to file the I-601 waiver and if you can present a strong enough case, you should have a decision in about 6-8 months (I think I recall that was the wait time for that part of the world, but please double check.)

    I would contact Laurel Scott at www.visacentral.net. She is an attorney who posts here frequently and will be able to tell you what your best option is/ approval rates/ time frame, etc. She has a free chat on wednesdays at 11am Central tim.

    You're in the right place- we'll all help you through this!

    Good luck!
    Need help? Start by reading here:
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    Scenario #1 - You will need to be married before you file K-3, and be prepared to explain how you met and evidence of a relationship. You will also need to cover up all his "tracks" from being in USA.

    Scenario #2 & #3 - I am really not sure if this will work. Wouldn't he need legal status in Mexico?

    How did he enter? EWI through Mexico? or is he overstay?

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    "Implications of a Fraud Finding

    INA section 212(a)(6)(c)(i) essentially covers fraud related to efforts to obtain any immigration benefit. The result of a fraud finding is that the individual is "inadmissible" (not allowed to enter the U.S. or adjust status to permanent residence). Specifically, the section states the consequence of fraud or misrepresentation as follows: “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.”

    This section imposes a permanent inadmissibility on the visa applicant so that s/he may never be allowed to enter the United States. Though waiver of inadmissibility is available under limited circumstances, it is important that each applicant understands the serious consequences of misrepresentation and is truthful on the application. "

    I would really advise against trying to pretend he was never in the US- if you get caught you will be royally screwed. As long as he ony has one EWI, he should be eligible for the waiver.
    Need help? Start by reading here:
    Don't understand the process?
    Read this:
    Help! My foreign spouse or fiance is/was present in the US illegally. What do I do?
    Don't understand about 3 year, 10 year & lifetime bans?
    Read this:
    EWI (Entering Without Inspection), Bans and more (Spanish Version Included)
    Need an Attorney? Immigration law is federal, and your attorney does not need to be local
    Read this:
    Attorneys recommended by I2US members
    Need to write a Hardship Letter for CDJ?
    Read this:
    Examples of CIUDAD JUAREZ Approved Hardship Letters
    After you have your greencard:
    Remember to keep your address current with USCIS- Online Form Here

    Your Rights and Responsibilities as a Legal Permanent Resident


    Our timeline (K-3) from 'undocumented' to Legal Permanent Resident! We did it!

    *Nothing I say should be considered legal advice. What you are reading in the post above is not legal advice. No one should act upon any information obtained from this site without seeking the opinion of a licensed attorney. Please do not PM me with routine procedure questions- post in the open forum and contribute to our knowledge base.*

  7. #7
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    Czech,

    Welcome to the forum. I am so sorry that no one posted to your question. Let me explain a a bit about what is going on here. This site has been down for a few weeks and many of us are just finding our way back. Also the week-end is a bit of a slow time as many posters follow the site during the week while they are at work. Also summer seems to be a less busy time here on the site. But with all that said let me see if I can help a bit.

    You are the USC. Your fiance is an Albanian national. He EWI over 5 years ago and is still here in the US. If/When he leaves the US he will be hit with a 10 year ban and will not be allowed back into the country. If he would re-enter the country again for a second time EWI without a visa he will never be able to live in the US legally, unless the current laws change to allow for that.

    Because he came into the US illegally without a visa and has overstayed by more than 1 year a second illegal entry will get him a lifetime ban.

    You can file a I-129f fiance petition for him or you could get married here in the US and file the I-130 spousal petition and then he would need to return to his home country of Albania for consular processing and would be denied the visa and then have to file the I-601 waiver to be able to receive the fiance visa. When his waiver was approved he could come to the US.

    I know that Laurel in one of her posts from the AILA convention talked about getting married in Mexico and then filing from there but I do not know all the ins and outs of that.

    You could do a consult with Laurel and ask her what your options might be or you could ask her on-line at her free chat on Wednesday. http://www.visacentral.net/ but I am thinking since next Wednesday is Fourth of July you might have to wait until the next week.

    Hopefully others will chime in with other information.

    While, I had to go away for a few and I see others have posted...so If this is a repeat I apologize.

    “Great minds discuss ideas; Average minds discuss events; Small minds discuss people” -- Eleanor Roosevelt
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    Quote Originally Posted by czech View Post
    we dont know what to do, we have been told for him(by lawyer) to depart to his country and then i can file a k3 visa for him and act like he has never been here in the US.
    Did your lawyer informed you that to be able to DCF, the USC has to be in residence there for such & such long? Each country has different requirements with regards to that i.e some 3 mths, 6 mths etc etc.

    No can do with the lying as IF it's found out, that's perjury and the hole just gets deeper, kwim? I2us always discouraged members from doing so i.e as you can see, they (i2us members), already adviced.

    Ditto on Member Peggy's post.
    I-601 Approved ~ DCF Frankfurt, Germany 2005 ~Did Not Use A Lawyer~

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    Albanians require a Visa to enter Mexico.

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    Quote Originally Posted by Coventrated View Post
    Albanians require a Visa to enter Mexico.
    well there goes that option...thanks Cov!

    Anon823 Frankfurt Albania Approved 30-Jun-05 13-Mar-06 Over S I2U
    markoveno Frankfurt Albania Approved 9-Jan-06 8-Apr-06 Over, F/M, CIMT P I2U

    I found a couple of Albanians who were approved thru Frankfurt and one with fraud/misreperesentation and CIMT...

    so there is hope. I would not move one muscle until I had put all my cards on the table and consulted with Laurel.
    Last edited by Pinkpig; 07-01-2007 at 02:23 AM.

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