What are our chances?

[Tdesign 0]

My girlfriend and I would like to marry and live in the United States. She was banned for 5 years while trying to return 2 months ago for unauthorized working while on a tourist visa. Our understanding is that we need to file an I601 to attempt to have her ban removed. I have been reading others stories and struggles with this waiver, specifically proving extreme hardship. In our case, I don't have a medical condition, nor does she, she has no family here to justify necessity, we don't have children together, and we are not married. I am self employed so saying that I have to stay because of my job might be tricky as well. I have family here, but they are not dependent on me.  It seems the only thing we can state would be that we miss each other and find it hard to live without each other. So... if you have experience with this sort of thing, what do you think our odds of getting her ban waived would be? Or is there another route we are not considering?

[Ben&Zian 4,398]

Well you can move to her.... 

 

For the waivers you need to apply first for either I-129f for the K-1 visa, or go and marry her then apply for a CR-1.

 

After the whole process she would be denied at the interview do to the ban, then you would file for the waiver. Like you said, with no major ties/connections it may be hard to prove but not impossible.

[Jawaree 718]

Go over & marry, then you do I 130 spousal petition,

when she interview in her embassy they will give her

221G to file waiver/s.

 

Everyone has hardships ...YOU... are self employed (if

you have employee/s thats great) Thats a financial hardship

not just for you but employees families to close down ,

you have parents,they may not be sickly now but elderly &

at times you help them & will be the one to do so when the

time comes. Illness dont have to mean dying...you can have a

bonion & get a letter from your doctor, you can have student & Biz

loans to pay off in the US also you all maybe be  planning to

have kids.

 

The hardship must be on you USCIS dont care about her

hardships...You should call atty Liz Cannon to be help thru a 

doable process...good luck