K-1 Possible after tourist visa canceled?

[Jweb 0]

I have a girlfriend in colombia and we want to get married. We have seen each other in person over the last two years. She had her tourist visa canceled after US believed she was working in the US. That was 1.5 years ago. She has no criminal record, has a young daughter and a steady job.

 

So, what is the likelihood of obtaining. K-1 or what are the options here?

 

Thanks so much for your input!

[Crazy Cat 42,597]

The cancellation of the B2, in itself,  will not affect a K-1 or CR-1 visa. 

[NYCruiser 423]

9 minutes ago, Jweb said:

I have a girlfriend in colombia and we want to get married. We have seen each other in person over the last two years. She had her tourist visa canceled after US believed she was working in the US. That was 1.5 years ago. She has no criminal record, has a young daughter and a steady job.

 

So, what is the likelihood of obtaining. K-1 or what are the options here?

 

Thanks so much for your input!

How long was she staying illegally in the USA? Depending on the time, there might be a bar for 3,5 or 10 years. After the denial of the K1, she will be informed to file a I601 Waiver.

[Jweb 0]

2 minutes ago, NYCruiser said:

How long was she staying illegally in the USA? Depending on the time, there might be a bar for 3,5 or 10 years. After the denial of the K1, she will be informed to file a I601 Waiver.

She wasn’t staying illegally. She was in the US for about 1 month and then when returning to colombia they informed her of the work violation and expedited her return to colombia. 

[NYCruiser 423]

1 minute ago, Jweb said:

She wasn’t staying illegally. She was in the US for about 1 month and then when returning to colombia they informed her of the work violation and expedited her return to colombia. 

So then she was working illegally? Withdrawing her B2 is not a bar to getting a K1. Someone else chime in if there is  an issue here?

[Boiler 46,300]

Worst would be she would need a waiver, probably not from what you have said.

[Chris Duffy 1,257]

Yes, it is Possible.............

[geowrian 22,338]

2 hours ago, Jweb said:

She wasn’t staying illegally. She was in the US for about 1 month and then when returning to colombia they informed her of the work violation and expedited her return to colombia. 

Who informed her? You don’t go through US immigration upon exit from the US. Did she leave on her own will or was she removed?

[Mara Liceth 134]

3 hours ago, Jweb said:

I have a girlfriend in colombia and we want to get married. We have seen each other in person over the last two years. She had her tourist visa canceled after US believed she was working in the US. That was 1.5 years ago. She has no criminal record, has a young daughter and a steady job.

 

So, what is the likelihood of obtaining. K-1 or what are the options here?

 

Thanks so much for your input!

Not problem at all. I got my Tourist visa revoke today exactly a year ago. I was going back and forth to see my fiancé in Florida and when I When to get a tourist visa for my son to take him to Disney world ( big mistake) they told me the were revoking my visa because I abuse it. 

Any way we just got approved for the K1 and waiting for the interview. We hire an immigration lawyer because we wanted to avoid any problem for what happened. Maybe you should hire a lawyer too or just do a free consulting to see if you will need one. just to be safe and because it’s a child involve and you may don’t want to have any delays or mistakes on your application. That will be my advice. If not you can do it yourself but try to provide the most information and proofs of relationship you have. Good luck on your process. 

[Jweb 0]

1 hour ago, geowrian said:

Who informed her? You don’t go through US immigration upon exit from the US. Did she leave on her own will or was she removed?

Good question. She was visiting Florida and went to the Bahamas for one week and upon return US immigration informed her and sent her back.

[Jweb 0]

46 minutes ago, Mara Liceth said:

Not problem at all. I got my Tourist visa revoke today exactly a year ago. I was going back and forth to see my fiancé in Florida and when I When to get a tourist visa for my son to take him to Disney world ( big mistake) they told me the were revoking my visa because I abuse it. 

Any way we just got approved for the K1 and waiting for the interview. We hire an immigration lawyer because we wanted to avoid any problem for what happened. Maybe you should hire a lawyer too or just do a free consulting to see if you will need one. just to be safe and because it’s a child involve and you may don’t want to have any delays or mistakes on your application. That will be my advice. If not you can do it yourself but try to provide the most information and proofs of relationship you have. Good luck on your process. 

That’s encouraging. Would you be willing to share the lawyers info so I can contact them? Wonder how much all this will cost?

[geowrian 22,338]

Just now, Jweb said:

Good question. She was visiting Florida and went to the Bahamas for one week and upon return US immigration informed her and sent her back.

Ah, okay. So she was denied entry upon attempting to return to the US...presumably a voluntary withdrawal of application (an expedited deportation would have some other paperwork provided).

 

Shouldn't be an issue for the K-1 unless there were false statements made to CBP upon her return.

[Mara Liceth 134]

2 minutes ago, Jweb said:

That’s encouraging. Would you be willing to share the lawyers info so I can contact them? Wonder how much all this will cost?

Yes. I will send you a private message with the information. His office is in new port Rickey. An hour from Tampa. But you can also google for immigration lawyers in you area if you are too far away from him. Most of them have a 30 minutes free consultation. And from there you will decide if you need one or not. 

[Jweb 0]

5 hours ago, geowrian said:

Ah, okay. So she was denied entry upon attempting to return to the US...presumably a voluntary withdrawal of application (an expedited deportation would have some other paperwork provided).

 

Shouldn't be an issue for the K-1 unless there were false statements made to CBP upon her return.

I don’t know the terminology but she spent a night in detention and then sent her back to colombia. Not sure it was voluntary. 

[geowrian 22,338]

Just now, Jweb said:

I don’t know the terminology but she spent a night in detention and then sent her back to colombia. Not sure it was voluntary. 

Was she given any papers or had anything written on the visa (and what was written, if so)?