Removing "Deported" Status

[Matt & Eliane 0]

I am an American and live in the US. My fiancee is Brazilian and lives in Brazil. She was in the US last year (2009) when we met and was in the process of obtaining a Green Card. In June 2009 her mother became deathly ill and she immediately left the US and returned to Brazil to be with her. She has been in Brazil with her family since that time. In December 2009 we began the K-1 visa process, everything went very smoothly without any requests for additional information. Today she had her interview at the US Consulate office in Rio de Janeiro. During her interview she was denied the K-1 visa. They told her that she was denied because had been deported in October 2009, and that she needs to clear this through Department of Homeland Security. They could not tell her why she was deported, only that this is what their computer system says. I spoke with USCIS this morning and they could tell me nothing about the reasons for her deportation. They only told me that my fiancee needs to make an appointment with the US Consulate or Embassy in Brazil. Not sure where to turn, and looking for advice on what we need to do to clear this up. Thank you!

[TracyTN 237]

I would hesitate to go this alone - I'd be seeking the advice of an immigration attorney, esp. one with experience in overcoming deportations. www.aila.org is a good place to start. I don't think anyone on this board would have enough experience to give you anything beyond a slightly educated guess as to where to begin.

[Matt & Eliane 0]

Thanks. My gut told me that is what we need to do. Thanks for your advice.

[sachinky 465]

What visa was she on when you met?

When did this deportation happen?

Did this actually happen or are you saying their computers have a glitch?

[TracyTN 237]

My guess is since she started - but did not finish - the process of applying for a green card, they denied her application and 'deported' her. Like perhaps they scheduled an interview date but she did not go (as she was back home by then). But there could be more at play - or not! - which is something I figure an attorney would have a better chance at unraveling.

[Matt & Eliane 0]

She was on a K-1 visa when we met. She came to the US legally in another relationship with a K-1 visa, got married, applied for change of status (green card), got legally divorced (relationship didn't work out), then went back to Brazil because of her mother's illness. The deportation happened 4 months after she had already left the US and returned to Brazil. She and I had no idea she had been "deported" until today when we found out during her K-1 visa interview at the US Consulate office in Rio de Janeiro. I never said their computers have a glitch. This is just what she was told today during her interview. We don't know the reason why the computers say she was "deported" after she had already left the country legally. My initial thought is that she was supposed to notify USCIS that she was leaving the country during her green card application period, but I don't know enough about that process to say for sure.

[Matt & Eliane 0]

TracyTN, you may be right. We actually had been checking the status of her green card application, but seemed to be stuck in the "review" stage for longer than seemed normal. I think an attorney is probably the best bet at this point.

[sachinky 465]

If she didn't finish her application and left before her AOS was approved (based on her first K-1 marriage) -- then it could be that they considered her application to be abandoned. Maybe somehow that got translated as deported in the systems? So now they won't let her in?

You've got more problems if this is her second K-1. You really need an immigration attorney, buddy. Good luck!

Edited April 8, 2010 by sachinky

[sachinky 465]

What did the denial slip say precisely?

Are they returning the petition to USCIS? Does she need to obtain a waiver?

[Matt & Eliane 0]

I don't know what the denial slip says precisely. She's on a bus back home at the moment. I'll find out tonight. They are not returning the petition to the USCIS. They told her that they will hold the petition and keep it active for 1 year. So, we've got a year to clear this up or I think we will need to start the K-1 process over again.

[Anh map 2,098]

Sounds like a qualified immigration attorney would be a good choice. You need to untangle the prior AOS and get things cleared up so that you two can pursue the K1. At that time she will need to be prepared to prove that she's marrying you for you, and not the GC.

Not trying to throw any cold water on you. Just offering the best advice that I have ever received here on VJ: think like a Consular Officer. Be prepared to address any potential red flags and you are more likely to get the result that you are after.

[sachinky 465]

K-1 petitions expire within 4 months, I believe? Who said they'd hold the petition for a year?

Get the details of the interview from her--what was asked? How did she respond to those questions etc?

[JimVaPhuong 4,863]

In retrospect, the right way to have handled her departure would have been to withdraw the AOS petition, and make sure her departure was properly registered with CBP. It sounds like she missed an appointment or a deadline to submit documents, so the AOS was denied. They presumed she was still in the US, so they started removal proceedings.

Definitely, get a lawyer. This can probably be cleared up if she can prove she left while her AOS was pending, and before they ordered her deported.

[Matt & Eliane 0]

Thank you for all of your advice. Bottom line is that nothing illegal occurred, but some procedures may not have been followed when she left the country. I am hopeful we can get this resolved, but I think we will need a lawyer.

[TracyTN 237]

K-1 petitions expire within 4 months, I believe? Who said they'd hold the petition for a year?

Get the details of the interview from her--what was asked? How did she respond to those questions etc?

The OP said 'they' - I assumed that meant the consulate.