Fiancee overstayed on B1 Visa and now has 5 year ban

[NVC FAN :( 18]

netsatwork, i have looked over your posts so sorry to hear this happened. like many have stated you have to put yourself in the shoes of the consul or uscis. they will take the comment she made while returning to the us, that we hope or plan to marry as a big problem. im sure the statement was made out of desparation, I just had a k1 visa approved for my fiancee im going to get her in 5 days in ph. before she got the visa, i had told myself that if she does not get the visa. that i would in fact sell all my belongings and move to her, i also have a 13 year old son. i know it would be hard. If you can not do this i would really look for a great attorney to help you, just be carefull and ask for references as there are many scammers out there.

gl luck on your journey.

[netsatwork 0]

Thanks again for the well wishes.

The Japanese company has offered the assistance of a lawyer in Japan to work with my fiancee and the US Consulate to see what can be done about the ban. Anyone have thoughts on a way to get the ban removed so we can continue on the K1 path without waiting for the denial and then processing a hardship waiver? Not sure if it is possible, but I suppose it is worth a try.

[netsatwork 0]

Also, if we do go to the consulate to ask about the ban, is it better to have a K1 processing when we go? Will the fact that her work is helping us be a problem? We really only want their help to get the ban removed. If she can maintain her job, then great, but we just hope to get the ban removed so we can start the K1 process on our own and not have to worry about hardship waivers later.

[anitacastillo 0]

Good news that the company attorneys want to help. Sounds like the work she is doing is important to someone at the company.

I would wait to file anything until you know if the B-1 can be reinstated. I doubt she would get another B-1 if there is a K-1 pending.

[netsatwork 0]

Good news that the company attorneys want to help. Sounds like the work she is doing is important to someone at the company.

I would wait to file anything until you know if the B-1 can be reinstated. I doubt she would get another B-1 if there is a K-1 pending.

Right. I agree with a lot of people here that after telling them in Dallas that she wants to get married there is very little hope for a new work visa. Anyhow, we could not get married on a work visa anyway. Ban removal is our #1 priority right now then we'll see where we are.

[emt103c 10]

There are only two ways to get an expedited removal's ban removed.

1. Apply for a waiver (d3, 212, etc. . .)

2. Appeal the decision to the supervisor of the POE. . .

Number one is the one most often used. Number 2 is not usually effective because the supervisor's are required to approve the Expedited Removals before they are issued, and even though it is really only rubber stamping an already made decision, they are unlikely to overturn their own signed decisions.

My POE pretended that it was impossible to do . . .and then when they reviewed it stated that, just like your case, the officer had every right to do the removal based on suspicion alone.

I have done HUNDREDS of hours of research on expedited removals and called every individual possible (done multiple consultations with very good attorneys.) I have read every publication on the topic and have even gotten an approved I-212. It is not something to be taken lightly and the company is probably going to give up through all the red tape.

These removals are not fair, but they are written into the law. . .The officer had every right to revoke the visa based on the overstay, even though it was not a 'bannable' overstay. It is my opinion, and only my opinion, that if congress wanted someone banned for five years for misusing a visa (for only 65 days) they would have made that the law. . .obviously they wanted the ban to start at 180 days overstay, but tons of POE officers use Expedited Removal too liberally. . .and it is probably so in this case.

What she said in the interview was probably meant to let them know that she had a significant other who was American thinking innocently that they would give preference. . .she was not claiming they were going to get married on the wrong visa. She was scared and was trying to gain trust. If you think that the officers are friendly when they interrogate you at the border (those of you who attacked the OP) then you are wrong. I am a US citizen and my fiancee was doing NOTHING WRONG when we attempted to enter the US and BOTH OF US were detained for eight hours and I was treated like a criminal.

It is not something that is done fairly and they are NOT nice about it. Someone who is in this situation is scared, they are not allowed to see a judge and not allowed to call an attorney and usually not allowed to call family. This is the law in our nation of Miranda Rights. . .just because it's a POE the rights are not given, even to a US Citizen.