Need Urgent Advice on brining daughter and Fiance

[xzsca10 33]

My fiancé from Germany is inadmissible under the visa waiver program. We intend to file for a waiver and then bring her and my daughter here.

 

We’ve been debating whether to do the K1 (Fastest?) or Green card (longest). Are there any other options for us? Money is not an issue at all.
 

I am also working with German consulate to see if I can go and be there with my family, and then marry her and file for CR1. 
 

ive talked to many attorneys, all providing different solutions. Please let me know what you guys think is best 

[xzsca10 33]

We are gonna be filing i601a 

[designguy 1,179]

Why are they inadmissible? Also nothing in immigration is fast. It will take about a year or so. K1 you could file now as long as you qualify. CR1 obviously you need to be married first

 

Do you mean to reach out to the German consulate to bypass the current restrictions for Americans to enter Europe? You could also meet in a 3rd country

[designguy 1,179]

1 hour ago, Ceofromthevalley said:

i601a 

Also I dont know much about these waivers but I think the i601A needs to be filed PRIOR to a person leaving the US so your fiance would not be eligible

[Boiler 45,482]

Insufficient info, if she entered legally then you can marry and adjust.

[xzsca10 33]

5 hours ago, Boiler said:

Insufficient info, if she entered legally then you can marry and adjust.

Fiance attempted entry to US on Visa Waiver Program in April 2015, was refused admission. (Inadmissable Alien, Form I-213; and her I-94 Card).

 

Same date, she received Notice of Referral to an immigration Judge (Form I-863 Claim for Asylum at border). She was detained by ICE the same day too. 

 

Many months later, her case was denied, she appealed w/ Board of Immigration.  Months pass, she filed an appeal from BIA with 9th Circuit alone (without attorney). Case was dismissed for failure of proving opening brief. Still detained by ICE. 

 

She accrued about 180 days of unlawful presence (most of it while being detained by ICE). Then she was on house arrest on Jan 2016, and free'd. Then left on voluntary departure by flight.  

 

Story behind her being detained: She has never committed crime. She was questioned at the airport on the suspicion of being linked to some bad things that her relatives were involved in (which she had no idea of at the time, and it ended up costing her everything). She is today a freelance software developer. I became involved with her after all of this (2018)

 

 

Thank you for your help

Edited August 19, 2020 by Ceofromthevalley

[xzsca10 33]

6 hours ago, designguy said:

Why are they inadmissible? Also nothing in immigration is fast. It will take about a year or so. K1 you could file now as long as you qualify. CR1 obviously you need to be married first

 

Do you mean to reach out to the German consulate to bypass the current restrictions for Americans to enter Europe? You could also meet in a 3rd country

Thanks for the response. How do I know if i qualify? The lawfirm im working with is telling me to do i601A Waiver and K1 together. Can I have them file the i601A Waiver alone? They said I can only file that waiver with a K1 or Green card, and that filing it seperately first "makes no sense", which sounded odd to me. 

 

And yes, to reach out to german consulate to bypass restrictions on the basis of having a baby and fiance there.   

Edited August 19, 2020 by Ceofromthevalley

[Boiler 45,482]

So she is not in the US, how would an I 601A be applicable?

 

 

[designguy 1,179]

35 minutes ago, Ceofromthevalley said:

Thanks for the response. How do I know if i qualify? The lawfirm im working with is telling me to do i601A Waiver and K1 together. Can I have them file the i601A Waiver alone? They said I can only file that waiver with a K1 or Green card, and that filing it seperately first "makes no sense", which sounded odd to me. 

 

And yes, to reach out to german consulate to bypass restrictions on the basis of having a baby and fiance there.   

If she is not physically present in the US currently then she would not be eligible for a waiver. Does she currently have a ban? 

[xzsca10 33]

1 minute ago, designguy said:

If she is not physically present in the US currently then she would not be eligible for a waiver. Does she currently have a ban? 

i apologize i believe i meant a I-212. i am not entirely sure, i think the ban is lifted, we need info from FOIA 

[xzsca10 33]

5 minutes ago, Boiler said:

So she is not in the US, how would an I 601A be applicable?

 

 

i meant 212 apologies, but there is missing info so we are filing FOIA 

Edited August 19, 2020 by Ceofromthevalley

[Boiler 45,482]

I have come across a German who obtained asylum but it would be pretty unusual, was her claim found to be frivolous?

[designguy 1,179]

6 minutes ago, Ceofromthevalley said:

i apologize i believe i meant a I-212. i am not entirely sure, i think the ban is lifted, we need info from FOIA 

If there is no ban then you can proceed as normal. Is the baby yours biologically? If so she may be a USC already and you will need to get her a US passport

[Boiler 45,482]

5 minutes ago, Ceofromthevalley said:

i meant 212 apologies, but there is missing info so we are filing FOIA 

So she was deported?

[xzsca10 33]

36 minutes ago, Boiler said:

So she was deported?

It was voluntary departure. She gave flight info to ICE and left. 

37 minutes ago, designguy said:

If there is no ban then you can proceed as normal. Is the baby yours biologically? If so she may be a USC already and you will need to get her a US passport

Yes she is my biological daughter, thank you. I will definitely pursue that. Will it help my fiancé have a better chance of coming to USA if I do that?