Monday, October 7, 2013
10 year bar marriage?
10 year bar marriage?
My Girlfriend lived in the US for about 10 years under a pending political assylum case. Unfortunately this case, after a few appeals was denied. She was living in AZ with her mother and sisters. Her mother was the one who submitted the assylum application, but due to some events, she filed it a year after they had overstayed their visa. This process took over 6 years and they received their denial letter at the beginning of October, 2010. We were not given a date to leave, nor were they deported, instead the left voluntarily before any other notice was sent. She does not have a criminal background either there in Colombia, which is where she currently resides, nor in the US. On the contrary, She has never failed to file her tax forms, she was not a burden to the state, and she was an exemplary student. She was 10 years old when she entered the States under a tourist visa, then when she family and her left, she had already turned 21 years old. Our questions are the following: * Will or has she be penalized with the 10 year ban? * If so, can she file for a waiver or pardon? * Does it make a difference that she was a minor when she entered? * Will it make a difference if she states that she had to stay with her family because she was a minor? * If we get married there in Colombia, is it easier for her to be allowed back in the US? * Is it at all possible to file for a K-1 fiancee visa? * Is there any other possibility for her to apply to go back to the US? * If I does have the 10 year ban, does that affect her entrance/application process to go to another country? I really love her and want for her to be here with me. We will be sooo grateful for anyone who can give us any advice. Thank you :)
Immigration - 3 Answers
Random Answers, Critics, Comments, Opinions :
1 :
She overstayed her visa, 10 year ban.
2 :
If she was a minor then there's no bar against her. The family left after the case was denied so there's most likely no bar against anyone in the family. You'll have to file the K-1 application, not her. It should not be a problem.
3 :
she was not deported file for the K-1 you could of course go see an Aila lawyer for a consult first
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