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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105595
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Border patrol took my wife's visa from without explanation

Customer Question

border patrol took my wife's visa from without explanation
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Judith replied 3 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

What visa did she have?

What questions did they ask her?

Did they return her passport to her?

Did they put any notes in her passport?

Did they send her back home on the next plane?

Judith

Customer: replied 3 months ago.
travel visa. I do not understand Spanish. I do not think they had her passport. I drove her home
Customer: replied 3 months ago.
it was on the u.s. side of the Mexican border.
Customer: replied 3 months ago.
eagle pass to be exact
Expert:  Judith replied 3 months ago.

Who took the passport? Mexican or US customs agents?

And where is "eagle pass"?

Is she a US citizen? Mexican citizen?

Maybe it is better to talk on the phone because you are not giving me much information in writing for me to help you.

Judith

Customer: replied 3 months ago.
eagle pass is in texas. u.s. homeland security. Mexican citizen. her nvisa expires on aug. 11. she went in to renew the visa and came out saying I had to go in for the matrimony papers.
Customer: replied 3 months ago.
I went in talking to a gentleman there asked about the matrimony papers when lady came to me and asked to bring her in. I went to the car next thing I know she is behind me. they talked in Spanish. she went thru my wifes purse gave it back to her and started to walk away. iasked what is going on she replied to ask my wife
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Where is your spouse now? And you are a U.S. Citizen?

Customer: replied 3 months ago.
I am a u.s citizen. wife is in mexico
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

And they took a visitor visa that she had? Are you going to sponsor her to live in the U.S.?

Customer: replied 3 months ago.
I do not know if they took her visa or permit. I was a piece of paper that expired on aug 11. Yes I am going to sponsor
Customer: replied 3 months ago.
She still has the credit card looking one
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

It's ok. As long as she was not given a 5 year penalty when she left the U.S., there are two ways for you to bring her back:

1) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 and $350 for the visa processing fee. Then after she enters the U.S., she must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later.

So the K-3 is faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside.

Here is a link to those visas:

http://travel.state.gov/content/visas/en/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

If they did give her a 5 year penalty and the 5 years have not passed, then you will also have to file an I-601 and prove that if she is not granted the immigrant visa to come back to the U.S., you would suffer extreme hardship. Here is a link:

https://www.uscis.gov/i-601

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Thank you for your kindness and respect. Good luck to you.