Fiance who was deported years ago

[charlesreco 6]

Hello everyone,

 

I want to marry my girlfriend who is overseas. She came to the US when she was a child and overstayed, later she was deported. She waited 11 years and applied for a tourist visa and she got it. She has been to the US twice with this visa and we want to apply for a K1 visa. Is that previous deportation a problem? 

 

Thanks !!

[aaron2020 11,651]

The deportation is not a problem if it's only for overstaying.  

 

Have you considered the disadvantages of the K-1?  Have you considered the CR-1 spousal visa?

[charlesreco 6]

Hello aaron2020, 

 

The deportation was due to her using a fake passport. What is the CR-1 visa?

[aaron2020 11,651]

2 minutes ago, charlesreco said:

Hello aaron2020, 

 

The deportation was due to her using a fake passport. What is the CR-1 visa?

A CR-1 visa is for a spouse of a US citizen.  Upon entry, the person automatically gets a green card.  No AOS needed.  Can work immediately and travel internationally immediately.

The K-1 requires adjusting status (AOS), another process you will have to pay for.  It can take 6 months to get an EAD to legally work and AP to legally travel and return to the US without abandoning the entire process.

 

Was it a fake US passport?

Edited November 13, 2019 by aaron2020

[geowrian 22,337]

US passport? Foreign passport?

 

She likely required a waiver when she got the tourist visa. This is something the CO does automatically for those. A waiver (I-601) would likely be needed for the K-1.

[charlesreco 6]

It was a foreign passport. What is weird is that she didn't submit a waiver to get the tourist visa.

[aaron2020 11,651]

1 minute ago, charlesreco said:

It was a foreign passport. What is weird is that she didn't submit a waiver to get the tourist visa.

Yeah, it's weird.  Did she disclose the deportation when she applied for the tourist visa?

[geowrian 22,337]

Just now, charlesreco said:

It was a foreign passport. What is weird is that she didn't submit a waiver to get the tourist visa.

As noted, the waiver would be submitted by the CO when she applied for the visa. No interaction required there. Was there a decent time (weeks or months) between interview and approval with the tourist visa? I’m having a bit of a hard time believing there would not have been a misrep bar, unless it was not deemed willful as a child or if they just missed it.

[Ed&Midori1031 330]

34 minutes ago, charlesreco said:

Hello everyone,

 

I want to marry my girlfriend who is overseas. She came to the US when she was a child and overstayed, later she was deported. She waited 11 years and applied for a tourist visa and she got it. She has been to the US twice with this visa and we want to apply for a K1 visa. Is that previous deportation a problem? 

 

Thanks !!

As mentioned before, maybe consider going the CR-1 route.  As long as she discloses all this information upfront, it will better in the long run. 

[charlesreco 6]

After she applied for the tourist visa the approval took around for months. She has an annotation on it that says "NC111 no basis for exclusion".

[Unlockable 7,314]

4 minutes ago, charlesreco said:

After she applied for the tourist visa the approval took around for months. She has an annotation on it that says "NC111 no basis for exclusion".

As someone previously asked, did she or did she not state that she was previously deported in her visitor visa application? It is an important thing to know.

[charlesreco 6]

Yes, she disclosed that. When the visa was approved they said they were not sure if immigration would allow her to enter once in the US

[Boiler 45,536]

I do not see anyneed for a waiver from what was mentioned, is it unusual to get a B in this sort of case yes, unheard of no.

[geowrian 22,337]

Either way, you petition now, she interviews for the visa later, then any question of her inadmissibility comes up. A waiver could be submitted only at that time, if one is needed.

[hakka 0]

From the OP's description, it sounds like his girlfriend was a child when entering on a fake passport. So I wonder if this would be taken into consideration: the fact that it was likely her parents who altered/faked the passport, not the child.