Immigration Law

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I would like information on how to get my fiance back home…

Customer Question
I would like information...

I would like information on how to get my fiance back home here in Florida. We got engaged so she went home to the Philippines to sell her business. On her way back in Chicago, Customs turned her around and sent her back to the Philippines. Apparently she over stayed her Tourist Visa. How can I get her home?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am an American citizen born in R.I. now living and working in Florida. 26 years with local government.

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Her tourist visa almost 2 years past due.

Submitted: 5 months ago.Category: Immigration Law
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Answered in 10 minutes by:
12/18/2017
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 5 months ago
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 124,455
Experience: Immigration Law Expert
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

If she has overstayed her visa by that much time, there is going to be a legal issue with USCIS. Any overstay of more than 6 months results in penalty of being barred from reentry to the US. Had she not left the US and you applied for a fiance visa for her while she remained in the US, then she likely would have subsequently received a spousal visa.

However, since this was not done and she left the US, you are going to have an issue. Your only option at this point is filing for a fiance visa while she remains in Philippines and as part of the fiance visa you will need to file a waiver of inadmissibility with the visa explaining good cause for her overstaying her tourist visa and asking the USCIS to waive those grounds of inadmissibility to grant the fiance visa.

What this means is that you will need to get a local immigration attorney to assist you to get the fiance visa with waiver of inadmissibility filed and try to get USCIS to agree the overstay was minor enough to grant the waiver.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 5 months ago
can I fly over there get married and bring her back ?
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 5 months ago

Thank you for your reply.

Getting married would not change the situation of her overstay, so you would not want to marry her until you get the visa issue straightened out, because there is no guarantee they will approve the waiver.

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Category: Immigration Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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