K1 visa valid for someone who got deported from the US

[Raqman 0]

Can a US citizen boyfriend file for K1 visa for his fiancee who was found inadmissible the last time(after many times of going back and forth into the US as tourist) she tried to enter the US. She got deported, her tourist visa got revoked and barred to enter the US for 5 years. 

How difficult and for how long are they gonna wait for K1 visa to get approved. 

[mushroomspore 3,044]

10 minutes ago, Raqman said:

Can a US citizen boyfriend file for K1 visa for his fiancee who was found inadmissible the last time(after many times of going back and forth into the US as tourist) she tried to enter the US. She got deported, her tourist visa got revoked and barred to enter the US for 5 years. 

How difficult and for how long are they gonna wait for K1 visa to get approved. 

Is the ban over yet or no?

[Raqman 0]

2 minutes ago, mushroomspore said:

 

Not yet. It happened only beginning of this year. 

[mushroomspore 3,044]

8 minutes ago, Raqman said:

Not yet. It happened only beginning of this year. 

Okay. Do you know what exactly was written in her passport when they found her inadmissible? It should be a string of letters and numbers in brackets with "INA" or something similar. That's basically the legal code/reason that they found her inadmissible and it'll determine which waiver she needs to apply for first. No matter what the code is, she will have to apply for the waiver and it needs to be APPROVED before filing for anything else.

[Raqman 0]

212(a)(7)(A)i)(I)

Does the waiver need to be filed in her home country or from the location where she applied her US tourist visa from? 

Would she need a lawyer to do this? 

Thanks for replying 🙂

 

[Duke & Marie 1,389]

8 minutes ago, Raqman said:

212(a)(7)(A)i)(I)

Does the waiver need to be filed in her home country or from the location where she applied her US tourist visa from? 

Would she need a lawyer to do this? 

Thanks for replying 🙂

 

She needs to file it from her home country per the waiver instructions

 

‘’it’s very possible she may need to wait out the 5 years. I’d say yes to a lawyer especially if she’s from a high risk country, since they thought her intention was to adjust and stay.. 
 

k1 might not be the best option in this case.. 

Edited October 8, 2020 by Duke & Marie

[Raqman 0]

Would it be easier if they get married first in her home country and then petition her? 

[mushroomspore 3,044]

3 minutes ago, Raqman said:

Would it be easier if they get married first in her home country and then petition her? 

First thing that needs to happen is to apply for a waiver and see if it gets approved. K1 is pretty long and drawn out. If the waiver is approved, I'd say CR1/IR1 is better. Yes to lawyer.

Edited October 8, 2020 by mushroomspore

[Raqman 0]

Thank you for the advises, @mushroomspore🙂👍

[PaulaCJohnny 713]

10 hours ago, Raqman said:

Can a US citizen boyfriend file for K1 visa for his fiancee who was found inadmissible the last time(after many times of going back and forth into the US as tourist) she tried to enter the US. She got deported, her tourist visa got revoked and barred to enter the US for 5 years. 

How difficult and for how long are they gonna wait for K1 visa to get approved. 

Can you tell us more about the case? Where is she from? She was traveling to visit you all this time? She was coming always with a valif visa?

 

Edited October 9, 2020 by Paula&Johnny

[Nitas_man 3,100]

17 hours ago, Raqman said:

Can a US citizen boyfriend file for K1 visa for his fiancee who was found inadmissible the last time(after many times of going back and forth into the US as tourist) she tried to enter the US. She got deported, her tourist visa got revoked and barred to enter the US for 5 years. 

How difficult and for how long are they gonna wait for K1 visa to get approved. 

Lots of people get turned back on immigrant suspicion

 

Did she ever overstay?

 

[Raqman 0]

There was never an instance she overstayed. 

[geowrian 22,338]

Sounds like an expedited removal at the border. If so, to issue another visa within the 5 year ban, a waiver is needed. That would be an I-212 here.

If there was any other reason for being inadmissible as well, then the appropriate waiver for that would apply as well. For instance, misrepresentation.

 

What did they ask her? Getting denied entry on suspicion alone is a minority of the cases, but being issued the expedited removal as well usually indicates there's more going on (accusations of unauthorized work?).