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flmike1979

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    flmike1979 got a reaction from MattandMary in K1 Illegal entry and its effects if discovered   
    Hello and thanks in advance to forum members who take the much appriciated time to respond.
    My situation is as follows. I met my girlfriend in Central American when I resided there last year. I returned to the USA in June of this year. She entered into the USA illegally with another family member 34 days ago. She had previously applied for a Visitors VISA to the USA from Nicaragua and it was denied. I had no knowledge she was going to be entering the USA as I never would have permitted or encouraged her to take this risk.. Once here she contacted me and we want to get married.
    She wants to return to her country and for me to apply for a K! VISA so she may enter legally and we can marry here. We are very much in love and do not want to take any actions that may further complicate our immigration process or life together. If she were to return to her country my question is this:
    How would or could they know she was ever here? In the short period of time she has been here she has had no interaction with Border Patrol, Police, or any type of medical treatment or anything that required her to show a passport or license. She has no social media accounts, has not sent or received e mails from her e mail account or used her credit cards or cell phone in the USA or even had it turned on for that matter.
    I know her entry into the USA was wrong and she does too. We are simply trying to decide what is the best course of action to take in the situation we are in now. If she returns, there would be no record of here departing the USA either as her mode of transportation was her families boat.
    Would we be better marrying here and asking for a wavier or for her to return with no record of being here and apply for the K1 VISA using an attorney. We have consulted several attorneys with different opinions and are very confused.
    Thank you in advance for your thoughts and opinions.
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    flmike1979 got a reaction from trublubu2 in K1 Illegal entry and its effects if discovered   
    Thank you for your response. Her family travels often via their boat and they are regular visitors to the USA and a sister is a US Citizen. For what ever reason she was not granted a VISA to travel with her family. I had daily contact with her and I think if she had informed me of her arrival prior she was afraid I would have objected (and I would have) but what is done is done. We have been in a relationship for coming up on a year now and she owns several hardware stores where she is from so I do not think there was in ill intent other than a poor decision that we are desperately and quickly trying to determine how to proceed. Her family is still here (legally) and when they depart on their boat no record of her departing would exist nor would their be a record of an entry. I am just trying to look out for Murphy's Law on would possible methods might detect she was here. One attorney stated that because she has been here less than 6 months (34 days as of today) that there would be no ban of a year or more. Very confusing to say the least.
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