Interview in 2 weeks need help!

[joshi93 0]

My Fiancee and I have a K1 visa interview in a few weeks in Rio, Brazil. She was deported from the US about exactly 4 years ago last June. She was told she had to serve a 5 year penalty. Will we be automatically denied a K1 visa or will we be able to apply for a waiver? I would greatly apprieciate any feedback.

[canadian_wife 1,823]

The waiver depends on the reason for the deportation. If you could let us know that it would be helpful. Also, you will need to file the I-212 to overcome the deporation.

Good luck.

[emt103c 10]

She's right, you definitely need the I-212 waiver, but may need the I-601 too. Why was she deported?

With such short notice you may need a second appt to have time to prepare the waiver, it is not an easy feat. Lots of people hire an attorney to do it for them.

[emt103c 10]

Accidental duplicate post. Sorry

Edited July 28, 2009 by emt103c

[joshi93 0]

She and her group were deported after entering through Texas. She was processed, detained for about a month and sent back to Brazil. This all occurred before I met her so I'm not exacly sure why they waited to get picked-up by the border patrol. They were told that they would be granted some sort of "temporary work permit."

[Chica Yeyé 41]

She and her group were deported after entering through Texas. She was processed, detained for about a month and sent back to Brazil. This all occurred before I met her so I'm not exacly sure why they waited to get picked-up by the border patrol. They were told that they would be granted some sort of "temporary work permit."

So she was denied entry, not deported? Difference is huge. Who told them about this 'work permit'?

And yes, be prepared for a denial and have your waivers ready if you can.

[emt103c 10]

Since she was given a five year ban, it was probably an expedited removal. They don't usually detain someone for a month unless they are going to do a formal deportation or give VD, but since she was told she had a five year ban, that is what happens with an ER. . .

Did she ever come to the US after that?

[joshi93 0]

No. She has not been here since. I am sure she was deported because she had already enter the country and was detained at a center in Texas. However, she was giving any sort of paperwork, isn't that unusual? Is there some way I can find out her official status" Unfortunately, she was giving some bad advice concerning a temporary permit by the people she paid to bring her to the US.

[spookyturtle 9,466]

No. She has not been here since. I am sure she was deported because she had already enter the country and was detained at a center in Texas. However, she was giving any sort of paperwork, isn't that unusual? Is there some way I can find out her official status" Unfortunately, she was giving some bad advice concerning a temporary permit by the people she paid to bring her to the US.

So she was caught entering illegally?

[canadian_wife 1,823]

No, it sounds like she tried to use an inappropriate visa (whether illigitimate or not the right type).

You can find out whether she was deported or denied entry or expedited removal, but it will take longer than you have if your interview is in 2 weeks. You can either do an FOIA request or an FBI fingerprint check (I assume she was fingerprinted when she was detained)