Fiancee sent back at the airport, need some info

[USofA]

I am new here, and wish that I read the info here first. Basically I contacted a lawyer who told me that the best option was for my fiancee to come here on a her tourist visa and then for us to get married 90 days after she arrives. After reading through this forum I realize it wasn't the way to go, please don't flame me for doing it this way, now i need info on the best way to handle this issue.

Basically we were 10 feet from the door, she got through customs and we got our luggage but out of nowhere a customs office pulled her aside, told me to go and wait outside for her. I coached her and told her everything the lawyer said to do, that she was just here for a few weeks and she even had a return flight back. But they pulled her into the room and grilled her and intimidated her. They said that if they found out she was lying that they could ban her from coming here for 5 years and that the best thing to do was to tell the truth, and tell the truth she did. She spilled her guts on everything. She told them that we planned on getting married and that the lawyer told us to do it and that we are in love and have known each other for 1.5 years, she told everything. After 3 hours they told me to go home, that she would be a little longer and she would take a cab back. I get home and she calls me and tells me that they cancelled her visa and that she is being sent back tonight. They told her that we can easily apply for a K1 visa and that would be the better/more legal way to handle it. I think they just told her this to make her less hysterical.
After going through this forum i understand that the K1 is the better way so here are my questions:
What are the chances now of getting the K1 visa now that she has signed a document saying she was her to marry and that her visa has been cancelled?
How long does a K1 take based on this situation?
Does anyone have a lawyer or law firm they can recommend to us?

Any help would be appreciated, I am at my wit's end right now and don't know what to do.

thanks.

[carloslovesbetty]

K1 will be the best way to go, now that she had a canceled visa, you guys get into the k1 process and when she comes here, they will know and there will be no problem with the fact you guys are going to marry.

Taikes about 7 months but it is worth!

[carloslovesbetty]

I Know love hurts and being far from the one you care is not easy, but if you work faast and do it all right on a fast hand manner, before you know you'll be back together!

Best luck to you!

[Marie]

What did the lawyer say when you called him? Was he an immigration lawyer? You should contact that lawyer and tell him that what he was suggesting was visa fraud and report him.

Do you know exactly what she signed? Did she get a bar? Where is she from and what visa was she coming in on?

The k1 is the only way for a fiance to enter to get married. I would totally report him to the bar.

Laurel Scott or Heather Poole are great lawyers. Laurel has a wednesday chat where you can ask questions.

[USofA]

She is from Taiwan, she wasn't barred from the country, they just cancelled her visa. They told her that she can apply for a K1 visa but I would think that since she told them that she is coming here on a tourist visa and planned to get married after being here, that they would hold that against her.

I am calling the lawyer today, to be honest, i have no time to deal with reporting him, all i want is for me and my fiancee to be together. Can anyone recommend a good lawyer that can handle this situation?
Do you think that her saying everything is going to be held against her coming here ever again?
Also, will there be anything against me travelling outside of the US now? I never signed anything but when the immigration thugs came out to question me i denied everything, which i thought she was doing too, but she cracked.

If she can't get in here, I will move to Taiwan if i have to so that i can be with her, it feels like my heart has been ripped out, i have no idea what to do know.

[USofA]

Sorry I forgot 2 things.
First, thank you all for replying to me, I appreciate it. Just reading some of the stories on here gives me hope.
Second, i was also recommended that instead of getting a lawyer, I could get a I-129F form and send it to her in Taiwan and let her apply for the fiancee visa that way. Is this actually an option, has anyone tried this before?
thanks again

[lgatica06]

She does not fill out the I-129F, you do. You are the petitioner and you have every right to do the process yourself without the help of a lawyer. You only need to read up and educate yourself on the process. There are plenty of people going through the same process today. My only concern is this document that she signed. Have you seen the actual document to verify what is says and that it was not deportation papers?

[USofA]

Unfortunately she didn't get a copy of it, does anyone know how I can get a copy of what she signed? From what she told me it wasn't a deportation form, it said that she voluntarily left.

[Laura]

Welcome!

Very unfortunate that this lawyer suggested this method.

The only problem with the K-1 might be that she will need an I-212 waiver if what happened to her was a formal denied entry/removal. From what you are saying it sounds like she'll be okay but you probably won't know until you she goes to her visa interview in Taiwan...

If she does need a waiver you will have to prove you will suffer extreme hardship if she's not allowed to enter the U.S. with just the denied entry it's probably not going to be that terrible to overcome. The waiver would be processed through Hong Kong. I'm not sure we've had anyone on this site going through that consulate....

Lgatica is right - you file the I-129F petition and then wait. You can do that while she is in Taiwan.

Best of luck and feel free to ask anything!

[Pinkpig]

was she allowed to withdraw her petition to enter and left at her own expense, or was she removed, or did she voluntarily depart?

[Laura]

Yeah, if she was "sent back" at the expense of the gov't she's definitely going to need an I-212 because that's a removal, right?

[MendozaQH]

Another issue you might be facing depending on what they charge her with is for misrepresentation (the conditions for getting a visitor's visa is for non-immigrant intent, however, she had every intention of immigrating) This would require an I-601 waiver. But again, it depends on if they charged her with this.

[Salsa2]

Your attorney should be reported to the Attorney Regulation division of the Supreme Court of the state you live in. Attorneys are bound by ethics rules. It is completely unethical for an attorney to advise a client to to lie to the US government!

[USofA]

I am trying to get a copy of what she signed at the airport but i hear that I need to file something under the Freedom of Information Act to get that, and it could take months.
I think that they steps we are going to go with are to get a lawyer and file for a K1 visa and hope for the best. Being that her english is IFFY at best, she isn't sure what status they sent her back under. I do know that she paid for the ticket back.

[Laura]

Just so you know, th eK-1 is straightforward, you don't really need a lawyer. The visajourney.com forum is great for K-1 advice. I'm not saying you shouldn't have an attorney, but it's really a simple form, so at least look into doing it on your own. If she was removed and needs a waiver it would be a different story, but then you need to be very selective about the attorney because you need someone who is experiences with waivers.

[tasksgirl]

ugh what a crazy lawyer..
:ditto: if it turns out to be just the K-1 it's probably best not to hire a lawyer, especially considering your recent experience with one.. it's best to do it yourself so that you are in control.. with the help of this site and visajourney, etc.

Like laurafern said, if she does need a waiver then you might want to look into hiring help.. not sure what your budget is but Laurel Scott is known around here as the best www.visacentral.net

[tasksgirl]

At the very least you could do a consultation with her and she will be able to help you determine whether or not your fiance will need the waiver..

[gatita]

We did a K-1. It wasn't really that difficult. I don't think that I could ever bring myself to pay someone to help me file a K-1. You can probably do it in a weekend's time, or less. I just read about it on here, Visa Journey, and I bought a great book that talks all about K1, K-3, etc. visas for like $30.00 The book wasn't even really needed, I just sort of like the format of a book better than a computer sometimes.

I would find out what actually happended with your girlfriend. If it wasn't a removal, then I recommend just doing the K-1 ASAP without a lawyer. Good luck.

[SES]

She doesn't need I-212 if she payed for her ticket. Looks like VD. I think she will need I-601 for missrepresentation. They can charge her for lying. She was coming for tourist visa but turn out she wants to get married. Maybe I am wrong but this doesn't look like easy case.
Find out what she signed and consult with a good lawyer. Honest lawyer.

[Coventrated]

They obviously knew the plan, and it seems to be a very popular recommendation by Lawyers. Youdo hear of people tuurning up with their wordly possesions and expecting the PoE to believe they are on a 2 wek vaction.

I did the K1 myslef, agree its not that difficult. It sounds like she does not need a waiver. On what basis did she obtaine her B Visa and when?

[Coventrated]

They obviously knew the plan, and it seems to be a very popular recommendation by Lawyers. You do hear of people turning up with their wordly possesions and expecting the PoE to believe they are on a 2 week vaction.

I did the K1 myself, agree its not that difficult. It sounds like she does not need a waiver.

On what basis did she obtain her B Visa and when?