so here's the deal

[perfect 39]

you may have read about an acquaintance of mine who was here using a visitor visa illegally an dwho last week was barred from entering the US at the Mexican border. A friend we both share told me last night that she voluntarily gave up her passport so she wouldn't get in so much trouble (?) and they told her that she could reapply in 6 months.

She got engaged here in US last August with the intention of marrying and living here, so her visitor visa was invalid from that point. However, she continued making regular and frequent visits home to Mexico. Even if she had been using her visitor visa correctly it had been more than six months since she had it re-stamped so would be clased as an overstay, correct?

She had also been working illegally on her visitor visa.

So what is it she can apply for in 6 months? I assume a K3? They surely won't let her apply for another visitor visa will they?

If she applies for a K3 I assume she will not be approved because of her overstay and illegally working (husband says INS will not know she worked because she had no SSN so it's not that big of a deal, but surely immigration have ways of finding these things out?). I guess she then will have to file a waiver?

I had tried to prepare them for the scenario being about 6-12 months from the time of filing K3 application to it being approved/denied. Then another 6 months for a waiver to be approved - so probably two years from filing the K3 to getting her back here.

Is the illegally working going to be a bigger issue than they realize? Will it bring about a longer ban than the overstay?

Does he need a visa in order to move to Mexico to be with her or can he just move there?

If he moves to Mexico, then files K3, surely he has to move back to the US first, establish domicile, regular paychecks and tax returns etc. The idea they were thinking was that he would move to Mexico for the 6 months that they have to wait to re-apply (for what?) and then just move back?! easy as that!!

Can anyone shed any light on any of this. I fear that they are taking the issue too lightly and again lack of looking at the whole picture on their part could land them in an even bigger mess.

Thanks

[Kez/JWolf 6]

They need to talk with a good immigration lawyer.... there are way too many if's and buts here for us to give advice that could or could not affect them for the rest of their lives....

IMO

Kezzie

[JenT 0]

If they are not married and she intends to marry in the US, her fiance will need to petition for a K1. It will be denied, and the waiver process will begin....

I would strongly recommend their hiring an immigration attorney.... as you have expressed, they have many obstacles to overcome.

Jen