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My girl friend got deported this,week, she has been in

Colorado for 19 yrs and...
My girl friend got deported this,week, she has been in Colorado for 19 yrs and has five kids,,,we were going to get married this summer after her oldest son graduated high school,,ice got her 2 weeks ago and sent her to Mexico,,never went in front of judge or sighnednanything,,her kids are still here in Colorado,,how do. Marry her and bring her back
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3/20/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,426
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.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

She will need two or maybe three things for you to bring her back:

1) You must file for her either as a K-1 fiancee using form I-129F, or if you go to her and marry her, you can file for her as a K-3 spouse by filing an I-129F and I-130, or if you go there and marry you can apply for her through the CR-1 process which only requires a form I-130. All those forms can be found at http://www.uscis.gov/forms.

a) 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.

b) 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.

c) 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

2) She will need an I-601 waiver to forgive the time she spent illegally in the U.S. To get this waiver she will have to prove that her spouse will suffer extreme hardship if she is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.

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

and here is another link:

http://www.uscis.gov/forms/centralized-filing-and-adjudication-form-i-601-application-waiver-grounds-inadmissibility

Here is a link to what extreme hardship is:

http://www.ilw.com/articles/2007,0717-scott.shtm

3) If she was not able to avoid a deportation order, she will need an I-212 special permission to apply for admission to the U.S. after deportation. She can only apply for this after She has been outside for at least one year. Here is a link to that:

http://www.uscis.gov/i-212

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.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,426
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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Customer reply replied 4 months ago
We had dinner here in Colorado 3 weeks ago, and I have known her for 15 yrs...she got deported a few days after our dinner, does that count as the meeting at least once, or do I have to go to Mexico to meet again...I have asked her to marry me and she said yes...we are in love
Customer reply replied 4 months ago
She has been deported,,,,so she must wait a year. To apply for her visa?

Yes, it does count. And if she was deported, did not receive Voluntary Departure, then it most likely will take a year or so before she is able to come back to the U.S.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 4 months ago
Thank you sir for the information...if she gets back here illegally, can I marry her here and can she stay in Colorado while we go through the legal steps to keep her here

No. That would be a criminal offense that could subject her to jail time plus then they almost certainly would deny the I-601A waiver that she would need to get back.

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