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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94314
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My Fiance was coming into the USA yesterday and we were going

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My Fiance' was coming into the USA yesterday and we were going to get married in Wisconsin next Friday. The Border Patrol stopped and searched her car. They found documents from her medical records and the wedding ring and refused her enterance. She drove home crying. The SIGMA EVENT # XXXXX(NNN) NNN-NNNN, and her EVENT NUMBER is XXXXX They won't let her back in the country. She has taken her 81 yr. old mother to Florida because they both feel so much better in the warmth and sun, than in the cold and gloom of Ontario. How can we fix this?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

I am so sorry for this situation. The problem is that when one used a Canadian passport to enter, they are implying that they are only coming to visit. If their intention is to stay to marry, they are supposed to get a K-1 fiancée visa. Do you know if she was given an exclusion which is a 5 year penalty? Did they catch her in some lie? Can you tell me what statute number she was charged under which should be found in any paperwork that she was given?

Customer: replied 11 months ago.

She wasn't given any statute Number. She was told that her Fiance'e is t apply for a K-1 and that she won't be able to leave the country untill she has her K-1 Visa.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
Well, they are definitely not going to let her back in just using her passport. So do you have a problem applying for her to get a K-1?
Customer: replied 11 months ago.

have been on the computor last night and have gotten the I-129F and the G-325A filled out and sent to her. She is to sign the one and mail it back with a photo and all the other documents. Then I will mail it down to Dallas Texas and wait for any notification. But what we need is to shorten any long waiting period. Have we started in the right direction?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Well, you have started in the right direction, yes, but unless you have some bonafide emergency, they aren't really going to expedite the process. Here is a link so that you can see what you would need to prove to expedite:

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

Here is the link for you to review the K-1 process:

 

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

 

Unfortunately, the K-1 process takes about 6 to 9 months or so. You can go visit her, but she most likely will not be able to visit you. I am truly sorry. I know this is inconvenient. Everyone in this situation hates it, but until someone pushes the U.S. Congress hard enough about this, that process will not change. I am truly sorry.

 

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 11 months ago.

After I reply to you I have a difficult time getting your response. There is always some kind of pop-up that comes into view. Your answers were not anything but vague, so I guess I'll have to go this alone. Thanks

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
I am giving you good information, it's just not information that makes you happy and I have no control over that. I know this is a difficult situation, but I can only tell you what the law allows. Believe me, if there was some easy way for her to come to the U.S., even to visit, I would tell you. But if you want me to be more clear since you say my answers are vague, what specific questions do you have so I can clarify things for you?
Customer: replied 11 months ago.

Ok, I won't have any trouble going to Ontario and visiting with her ? And if we get married in Ontario would that help expidite things?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

You see? Believe me I would tell you. If I thought that you going there to get married would speed it up, I would have told you. That's why I didn't mention it. You going over there and marrying would make the case stronger, but that doesn't speed the case up. What you want to do is speed the case up. The K-3 takes just as long as the K-1, about 6 to 9 months. As far as you going into Ontario, that I cannot tell you because I am not licensed in Canada. I am a U.S. immigration attorney, not a Canada immigration attorney. I don't think you will have a problem because you do not have the intention to stay in Canada.

 

Let me know if you have additional questions. Do not worry, I won't stop responding until you are satisfied.

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94314
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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