Fiance VISA: It's Complicated, need some guidance, please

[JacobChicago143 0]

First, thank you all for your time and any feedback; I will try to provide as much info as possible and keep it organized as best I can:

Me: Naturalized citizen, been living in the USA since I was 6 months old, 41 years old today

Her: Born in Slovakia, has no US VISAs; she had a tourist VISA that was later denied.

August 2014: I meet my girl friend in Chicago, when she was traveling.

October 2014: We meet again, she stayed with me for ten days, we traveled to Los Anegeles, then she flew back to Slovakia.

February 2015: She flew back to USA and was denied entry because she did not have a valid VISA; she told the US Customs and Border police she was coming here to work and travel on a ESTA Waiver. During the interview process, they learned she had been involved in some criminal activity (prostitution/escort/entertainer). She was denied entry.

After she was detained, she was in shock. She was never the same after this. She is terrified to come back to the states. Still in February 2016, a year later, I convinced her to apply for a tourist VISA. I processed all of her paperwork. When she went for the VISA interview at the US Embassy in Hungary (it's closer to her home and she speaks Hungarian), they denied her application because on the prostitution background (Section 212(a) of the Immigration and Nationality Act). What they didn't tell her is if she could apply for a waiver. In fact, on her form, they didn't state she didn't qualify.

We have kept in contact this entire time; our relationship has evolved and we love each other. I've visited her country three time in the past year. And am planning another trip at the end of this month.

Here are my questions:

1. We will get married next month. Is there any possible way for me to bring her to the states using the Fiance VISA?
2. What is the proper way to proceed in my case?
3. Are there any special petitions I need to make?
4. Should we postpone marriage until we complete certain steps in the application process or proceed and get married now?

No matter what happens, we plan to get married, but for me to move to Slovakia would be a nightmare. I'm a real estate broker in Chicago--13 years in this industry, and my value is in knowing this real estate market. It would be extremely difficult for me to move to her country (Slovakia) and learn their language, culture, and start from ground zero. I'm going to be 42 in December and am well established in Chicago. This is why I must bring her here.

Thank you for your feedback again.

Edited July 12, 2016 by JacobChicago143

[Merrytooth 5,749]

Basically you as the USC has to file for extreme hardship waiver to get your fiancee/ wife to US after the visa denial.

http://www.visajourney.com/forums/topic/361547-prostitution-waiver/

[Adil & Jeanne 296]

One thing is if you marry the process is spouse visa I 130 application

and CR 1

not financee visa

and extreme hardship if you can qualify

Edited July 12, 2016 by Adil & Jeanne

[Unlockable 7,322]

Looks like you have to show extreme hardship to you in a waiver. Can you prove hardship if she is not here with you?

Also, the fact that it was discovered by immigration of her activity may pose a problem.

This is an uphill battle. Got a lawyer?

[EM_Vandaveer 2,448]

If you marry, you can't bring her on a fiancée visa. You have to file for a spousal visa.

After you are married, you file I-130. Once the petition is approved it will be sent to NVC. You file more papers with them, pay some fees. Then it will be forwarded to the Consulate. She has to have a medical and attend an interview. She will be denied. (She MUST disclose the prostitution and the denied entry.)

She will be told at that point if she is eligible for a waiver.

At that point you'll need a lawyer. You should probably consult one now. (One with waiver experience.)

[Illiria 980]

Well wanting to work on an esta is not permitted so that would have been a reason to deny her at the border. Had she already applied for the esta before leaving for the us?

She will have to answer yes to the have you been a prostitute question on any us immigration paperwork she applies for. If you marry you cannot use a fiancé visa as she wouldn't qualify for it as a married person, being married and her trying to get a fiancé visa could land her with material misrepresentation which has a lifetime ban.

Did she work (either as a prostitute or other jobs) on any of her previous trips to the us?

Marry, file for a cr1, apply for a waiver should they say she can apply for one. This is not a garuntee that she will get back in using this route but it is the route available to you to try. You may have to move to be with her.

[Cathi 5,899]

You do not have a DIY case. You need a good immigration attorney who is experienced in waivers. Even with a good attorney I am not sure how a waiver would be approved because you have to prove it would be an extreme hardship for you not having her here. You have lived 41 years without her. Not sure what will happen as far as the prostitution thing. Was she arrested for it?

[JacobChicago143 0]

You do not have a DIY case. You need a good immigration attorney who is experienced in waivers. Even with a good attorney I am not sure how a waiver would be approved because you have to prove it would be an extreme hardship for you not having her here. You have lived 41 years without her. Not sure what will happen as far as the prostitution thing. Was she arrested for it?

The hardship would be in having to move my real estate (sales and construction) operation that I've wokred hard to build to her country; learn a new language, leave my family and strong community ties. I would if it came down to it, but it would be a very poor choice for me.

She wasn't arrested. She admitted to being an escort during her interview with US Customs and Border Police at the airport. But she was not arrested. They namely denied her entry because she stated she would attempt to get a job here. :/

She was honest and cooperated with them the entire team she was detained.

I'm going to start looking for immigration attorneys asap.

Thanks for your reply!! Any other ideas?

Looks like you have to show extreme hardship to you in a waiver. Can you prove hardship if she is not here with you?

Also, the fact that it was discovered by immigration of her activity may pose a problem.

This is an uphill battle. Got a lawyer?

No, I don't have a lawyer.

[JacobChicago143 0]

If you marry, you can't bring her on a fiancée visa. You have to file for a spousal visa.

After you are married, you file I-130. Once the petition is approved it will be sent to NVC. You file more papers with them, pay some fees. Then it will be forwarded to the Consulate. She has to have a medical and attend an interview. She will be denied. (She MUST disclose the prostitution and the denied entry.)

She will be told at that point if she is eligible for a waiver.

At that point you'll need a lawyer. You should probably consult one now. (One with waiver experience.)

It's interesting what you said, because when they denied her tourist VISA, they didn't state if she was APPROVED or DENIED for a WAIVER. It was left blank in her response form.

Edited July 12, 2016 by JacobChicago143

[EM_Vandaveer 2,448]

It's interesting what you said, because when they denied her tourist VISA, they didn't state if she was APPROVED or DENIED for a WAIVER. It was left blank in her response form.

For an I-601 she needs a qualifying relative. When she'll be married to you, you'll be her qualifying relative.

After an immigrant visa denial the CO does tell the applicant if they are eligible for a waiver or not.

She has not had an immigrant visa denied.

Just to clarify: they'd tell her if she is eligible to file a waiver.

Approval or denial comes AFTER the waiver is filed with USCIS (assuming she's eligible to file one) and a longish wait. Several months for sure.

Edited July 12, 2016 by EM_Vandaveer

[JacobChicago143 0]

For an I-601 she needs a qualifying relative. When she'll be married to you, you'll be her qualifying relative.

After an immigrant visa denial the CO does tell the applicant if they are eligible for a waiver or not.

She has not had an immigrant visa denied.

Just to clarify: they'd tell her if she is eligible to file a waiver.

Approval or denial comes AFTER the waiver is filed with USCIS (assuming she's eligible to file one) and a longish wait. Several months for sure.

Got it. Thanks for the feedback!

[Beth & Achraf 328]

The hardship would be in having to move my real estate (sales and construction) operation that I've wokred hard to build to her country; learn a new language, leave my family and strong community ties. I would if it came down to it, but it would be a very poor choice for me.

She wasn't arrested. She admitted to being an escort during her interview with US Customs and Border Police at the airport. But she was not arrested. They namely denied her entry because she stated she would attempt to get a job here. :/

She was honest and cooperated with them the entire team she was detained.

I'm going to start looking for immigration attorneys asap.

Thanks for your reply!! Any other ideas?

No, I don't have a lawyer.

Best immigration attorney is named Mark Ellis, he has office in Houston and New Orleans, but maybe you can do business via Skype or something, He is not cheap, but a brilliant attorney, and a super nice guy, straight forward, no BS.......gets the job done!