options for reentry after refusal

[Tdesign 0]

Hello all.

 

I hope that this is the correct forum to post this in. If not, kindly tell me it's not. First post btw. I'm looking for some best case scenario options for the situation myself and my girlfriend find ourselves in. She is from South America and I'm a US citizen by birth.

 

She and I met each other while she was visiting a relative on her tourist visa. After 6 months here she left. She returned 6 months later and we started seeing each other again and this time she stayed for 8 months. She filed some sort of extension paperwork for this. Then we left the country to visit her family in South America. We returned a month later (in Houston) assuming the extension was ok. She was denied entry on the grounds that she earned income while in the states. The immigration officers stopped her for staying 8 months instead of 6. Upon pressing her (screaming in her face), she confessed to having a short term job; being paid in cash. She is barred for 5 years and her visa revoked, along with her being sent back home right then and there. Beyond this visa issue, she has no criminal history.

 

So... we want to be together. I've consulted an immigration lawyer, browsed the web, asked friends and family, but we are having trouble grasping our options. What are the best case scenarios for getting her back in the country and what would a general time table look like if it's possible? - marriage is not out of the question. 

[geowrian 22,338]

Your options are either:

 

1) Wait for the 5 year bar to expire. (I know, not likely, but it is an option)

2) Marry her outside the US then file for a CR-1 visa. This will be denied after the interview and a waiver will be needed. ETA: 10-12 months + waiver

3) Do the same for a K-1 visa (without marrying). ETA: 6-8 months + waiver

 

Generally, I would say the CR-1 process is simpler and more likely to be approved waiver-wise.

Edited February 16, 2017 by geowrian

[Tdesign 0]

11 hours ago, geowrian said:

Your options are either:

 

1) Wait for the 5 year bar to expire. (I know, not likely, but it is an option)

2) Marry her outside the US then file for a CR-1 visa. This will be denied after the interview and a waiver will be needed. ETA: 10-12 months + waiver

3) Do the same for a K-1 visa (without marrying). ETA: 6-8 months + waiver

 

Generally, I would say the CR-1 process is simpler and more likely to be approved waiver-wise.

Thank you for the responses. How long does a waiver generally take?

[geowrian 22,338]

5 minutes ago, Tdesign said:

Thank you for the responses. How long does a waiver generally take?

It varies from case to case, but from what I've seen, it tends to be 6-12+ months. It's also something that I would normally suggest working with a lawyer to complete.

[Boiler 45,897]

US is going to be a looong process and nobody knows how waivers will be looked at, used to be a bit of a formality.

 

Obvious quickest solution is for you to be the one to move.