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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24425
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My girlfriend is a Bulgarian citizen and she was excluded from

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My girlfriend is a Bulgarian citizen and she was excluded from entering the US in May 2013. She admitted to working while in the US in 2012. We recently got married. I want to petition to get her permanent residence status. What do I need to do?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

 

Was her passport annotated with anything that begins with "212"??? Or was she given a paper with the violation on it being 212 (6)(c)???

 

I am trying see if she got hit with fraud in addition to administrative removal.

 

Judith

Customer: replied 1 year ago.


From the documentation dated May 16, 2013 given to her at the Philadelphia Airport, "You are being refused entry to the US under the expedited removal provisions of the Immigration and Nationality Act 235(b)(1). You have been found inadmissible to the US under section 212(a)(7)(B)(i)(I) of the INA, Nonimmigrant without documents. Because you worked as a waitress for six months on your previous tripto the US and obtained money at $8 dollars per hour." She worked two days a week for two months in an unskilled seasonal position in a Deli.

Expert:  Judith replied 1 year ago.

The good news is she was not accused of attempting to enter the US for a fraudulent reason.

That would carry a permanent bar to coming back.

Her expedited removal carries a 5 year bar.

If you petition her for a fiancé or spouse visa she can file a hardship waiver. You have to show the hardship you would suffer if she is not able to return to the US or if you had to go to Bulgaria to live with her.

Hardship waivers are difficult to get approved, but not impossible. It is recommended to retain a lawyer who specializes in hardships because there are tricks to the trade, such as using forensic psychologists and economists who know how to write waiver reports on your behalf.



There is a waiver (forgiveness) but that is seldom granted and is
a very complicated process. The US citizen or permanent resident relative has
to show unusual and extreme hardship, more than economic or psychological.

 

Read ore about the waivers at these helpful links:
http://www.ilw.com/articles/2007,0717-scott.shtm ***** A MUST
READ!*****

 

http://discuss.ilw.com/showthread.php?27181-APPROVED-sample-letters-illustrating-extreme-hardship-under-I-601/page3 sample letter

 

http://damascus.usembassy.gov/ina212.html

 

http://www.ilw.com/articles/2008,1118-heller.shtm



Judith

Customer: replied 1 year ago.


What is the appropriate procedure of filing the necessary forms in our particular situation?

Expert:  Judith replied 1 year ago.

First you have to file the petition for either the fiancé or spouse visa After it is approved and the visa refused then the Waiver and the Request for Permission to re-enter after removal are filed.

If you read the "MUST READ" link it tells you about what you need to accompany the I-601 and I-212.

SPOUSE

You will file form I-130 with the USCIS here in the US
at the lockbox (PO Box) as per the instructions.

You must include with the form a G-325A for you and she along with 2 passport
style photos of each of you.

You can find those forms and instructions at this link

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD



Once your petition is approved (it will take 3-5 months) you will be notified
and the petition will be sent to the National Visa Center. In
approximately 2-3 weeks they will send you a bill for the immigrant visa fee
$230 and your Affidavit of Support (I-864) $88. Additional $165 beginning
2/1/2013.

Once you pay these you will receive instruction on submittin the I-864 and she
will get her instructions on begining the immigrant visa process by submitting
the DS-230 Immigrant Visa Application.

After that is received the USCIS will request her background/security check be
done by the FBI.

When the clearance on her is received her file is forwarded to the US consulate
or Embassy closest to her.

She will then receive her instructions for her medical and visa appointment.


She will be told what documentation to bring.

After the visa is refused then she files for the waiver and permission to re-enter.



K-1

The I-129F will cost
$340 plus a $350 fee for the visa processing fee. After she enters the U.S.,
then you have to marry and then you have to pay $1070 for the I-485



Unfortunately, you will have to be
patient because it will take a total of 6-10 months for you and she to go
through the arduous process of her immigrating.

You will file form I-129F with the USCIS here in the US at the lockbox (PO Box)
as per the instructions.

You must include with the form a G-325A for you and she along with 2 passport
style photos of each of you.

You can find those forms and instructions at this link

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Once your petition is approved (it will take 3-5 months) you will be notified
and the petition will be sent to the National Visa Center. In approximately 2-3
weeks they will send you a notice and instructions for her to begin the visa
process by submitting the DS-156 & 156K Visa Application.

After that is received the USCIS will request her background/security check be
done by the FBI she will then receive her instructions for her medical and visa
appointment.

She will be told what documentation to bring.

She should document your relationship with pictures, cards, emails, printouts
of your skype conversations, etc.

You also need to discuss your personal life details in detail such as where you
work, physical address, your position, job duties, details about your family
and details about them, such as where your children go to school, work or other
information about them if you had a family previously.

After her interview she will be told to leave her decision will be mailed to her. That will be the refusal and then she will file the waivers.



Here is a great link to a
flowchart with timelines



http://www.visajourney.com/content/k1flow



http://www.uscis.gov/files/article/A2eng.pdf



http://travel.state.gov/visa/immigrants/types/types_2994.html



-Two non-immigrant visa applications (Form DS-156)
Customer: replied 1 year ago.


Thank you so much for the information. I have one last question. Regarding the form I-130, what should the affidavits to show bona fides of the marital relationship state? Can I write the statements and have friends and family sign them? Can I use the same statements for each friend and family or should they be different for each person?

Expert:  Judith replied 1 year ago.

Each affidavit has to be an individual and different statement. If you use carbon copies they will not be counted at all.

Judith

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24425
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you

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