5 year BAR, getting engaged? Now What??

[akaflex69 0]

Hello this is my first post here. I have an interesting question as well as everyone here, but I just really need some guidance to see what I need to do.

My Girlfriend had come to the US from Colombia for the first time in July 2005. She came with a tourist Visa. She stayed until November 2005. She didnt overstay or anything she left a month early. She did work under the table for 4 months of that time. She went back to Colombia to be with her family for Christmas and decided to come back and see me on January 23, 2006.

When she arrived in miami, she submitted her I94 form, and her birthdate was backwards and it didnt match her Visa and passport. She explained that she had made a mistake and submitted paperwork (birth certificate) to prove the correct date. They then continued to interrogate her and eventually they found at that she had previously worked illegally, and they denied entry to the US and returned her to Colombia. She was barred for 5 years. She has no criminal records or anything.

We have decided to get engaged. I am going to propose to her this weekend, I am going to go visit her in Colombia for a week. Its going to be a great time, I cant wait.

As far as my question, I am going to go through the K1 Fiance Visa route. What is going to happen when she goes to her interview at the US embassy? Will she get denied since she has that 5 year bar and if they did, what options do I still have.?

Thanks so much in advance.

[Yodrak 7]

akaflex69

What do you mean, "She has no criminal records or anything."? She does have 'anything' - she has a 5-year ban on entry to the USA!

Consult with an experienced immigration attorney to discuss the facts of the case in detail, and get advice specific to those facts.

Yodrak

Hello this is my first post here. I have an interesting question as well as everyone here, but I just really need some guidance to see what I need to do.

My Girlfriend had come to the US from Colombia for the first time in July 2005. She came with a tourist Visa. She stayed until November 2005. She didnt overstay or anything she left a month early. She did work under the table for 4 months of that time. She went back to Colombia to be with her family for Christmas and decided to come back and see me on January 23, 2006.

When she arrived in miami, she submitted her I94 form, and her birthdate was backwards and it didnt match her Visa and passport. She explained that she had made a mistake and submitted paperwork (birth certificate) to prove the correct date. They then continued to interrogate her and eventually they found at that she had previously worked illegally, and they denied entry to the US and returned her to Colombia. She was barred for 5 years. She has no criminal records or anything.

We have decided to get engaged. I am going to propose to her this weekend, I am going to go visit her in Colombia for a week. Its going to be a great time, I cant wait.

As far as my question, I am going to go through the K1 Fiance Visa route. What is going to happen when she goes to her interview at the US embassy? Will she get denied since she has that 5 year bar and if they did, what options do I still have.?

Thanks so much in advance.

[Jasman0717 9]

I agree with Yodrak. Unless an attorney is reading all this and is willing to offer you some free consulations..........hum....

[pax 0]

It is possible to obtain a waiver for the bar on re-entry. But it is not easy and it will not be brief. It is called the I-212 waiver. You might also have to file an I-601 waiver concurrently.

Yodrak is right; you'll need an attorney who specializes in these kinds of cases.

[Peter Miami 0]

Hi akaflex69,

I would also recommend that you get an Immigration Attorney because of the five year barred.

Good luck with the engagement and your trip to Colombia. My fiancée is from Colombia also and I love the people and food from there.

Peter Miami

[john_and_marlene 162]

This same question has been asked before and it was given the same advice.

Illegal acts (working unauthorized) carry consequences. If the consequence was easily forgiven then it wouldn't be much of a deterent to curtail the illegal act. I'm not trying to be mean or appear unsympathetic, but posting this same question again won't get you a magical answer that solves your problem. Be prepared that an immigration attorney may not have any magical answers either. A serious violation occurred and the ban was imposed. The fight to get around the ban may take a very long time with no assurance that it will be lifted at the end of the battle. Sometimes you just have to adjust your plans to the constraints of reality. If she cannot be here and you must be together, it may have to be somewhere other than here.

[charmac7 4]

go to www.immigrate2us.net

read in the I-601 and the I-212 forums

There is a alot of information there pertaining to waivers for inadmissability

good luck

Char