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I have a fiancee i want to file for, but I found out she has…

Customer Question
I have a fiancee...

I have a fiancee i want to file for , but I found out she has been barn due to her name change on her passport and she did filed an affidavit regarding that. What do I need to do to lift the barn as a US citizen ?

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

No I haven't

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

No, still searching

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

Thats it, thanks

Submitted: 6 months ago.Category: Immigration Law
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Answered in 8 minutes by:
12/24/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,349
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.Sorry about the delay. I just ask that if the news is not good, that you please not shoot the messenger. Shooting the messenger is leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a rating at all.A different name on a passport is not normally an offense that results in a ban unless there is some fraud present. So please explain what happened (she might not be telling you the whole story) and how long the ban was for. Also, it's Christmas Eve and I am spending some time with my family, so my responses will be slow. Thank you for your understanding.
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Customer reply replied 6 months ago
Well her first passport has a different name entirely when she first travelled and all and its also the same name on that passport she used for schooling outside the country for many years because thats her official name . So she decided to change her name officially on her passport when she renewed her international passport and which also affected her name she in her school officially. And the school accepted the name because its a legal name . But before she changed her name , she applied for visa to the US and was denied for some reasons saying her reason is not substantial enough. But now that she has changed her name , she applied for visa the second time with her new passport which ofcourse has a complete different name with renewed passport. So she was denied the second time and they said she is presenting a diffrent name and also because she has been denied first under different name, she was therefore barn from coming into US ;which ofcourse i feel its a wrong decision to make by the embassy representative that interviewed her . Knowing the fact that her passport was legal and authorized by her country of origin ( original and legal document ) . So that is what happened . What would you advice I need to do ? .
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

What country is she from? Why did she change her name if she didn't marry? What visa did she apply for the first time? Why was she denied? What visa did she apply for the second time? Why was she denied? Are you a U.S. Citizen? I have asked 7 questions. Please try to answer each. Thank you.

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Customer reply replied 6 months ago
She's from Nigeria. She just decided to bare the name of her father. And her first and second applied visa was a visiting visa. She was denied ,according to the US embassy representative that interviewed her; that she doesn't have a substantial reason to visit . And yes, I am a US citizen .
Customer reply replied 6 months ago
But she lives in Dubai .
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

Ok. So far, that is normal. When one does not have a great life where one lives, it is hard to get a visitor visa because the U.S. thinks the person really just wants to come to the U.S. for a better life and stay. It is much harder, almost impossible, if they discover a relationship with a U.S. Citizen. Did they discover a relationship with you? And how do you know she has been banned? For how long?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Did they discover a relationship with you? And how do you know she has been banned? For how long?

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Customer reply replied 6 months ago
No they did not discover a relationship between us . There is a proven document that says she is banned
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

Banned permanently or banned for 5 years? And why? Because they think she committed fraud?

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Customer reply replied 6 months ago
Is ban usually 5yrs ?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

If there was no finding of fraud and just an exclusion. If there was a finding of fraud or misrepresentation, it is a permanent ban.

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Customer reply replied 6 months ago
With all i have told you, do you think she committed fraud?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

I am not sure. I would have to see the paperwork and I would need to know what questions they asked her and her responses. Regardless, she is not supposed to use a B-2 to come to the U.S. to visit a fiancee. They probably also denied her because she didn't have a great life in Nigeria that convinced them that she would go home on time.

There are essentially three ways to bring her and none are really fast, unfortunately:

1) The K-1 fiancee visa takes around 9 months, but you must have met before at least once during the last two years in order to process it. The I-129F is the form that starts the process. After she enters the U.S., then you have to marry and then you file the I-485 and she will have to wait about 5 to 7 months and gets another interview that you attend with your new spouse so that she can get Residency.

2) The K-3 spouse visa takes around 9 months, you must be married. The I-129F and I-130 are both required for the process. Then after she enters the U.S., she must still file the I-485 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes around 9 months (essentially almost making the K-3 obsolete). You must be married. The I-130 by itself is what starts the process. 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-1 and K-3 might be a little faster but generally more expensive. The CR-1 (and IR-1) might be a little 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

I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

Also, about the ban, she will most likely need an I-601 waiver to be able to get an immigrant visa and 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, you may have to scroll up to the top of the page or 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.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 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!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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