B 1 visa and stayed over with A number and then withdrew the case. Now her fiancé american is going to apply a K 1 visa for her.

Asked about 1 year ago - New York, NY

I need a guide about the case: a girl cam to the US with B 1 visa, the I 94 was valid for 6 months, in fifth month she applied for an asylum. She stayed with an A number 10 months in the US and left the US voluntary before making a definite decision on her case. In fact, she withdrew it. for some reasons she had to return to her own country. Now her American Fiancee are going to apply a K 1 visa for her. Is that possible? or she has to prove that her withdrew apply was real? Thanks in advance for your answers.

Attorney answers (3)

  1. Dean P Murray

    Contributor Level 18

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    Answered . She definitely needs to consult and retain an immigration lawyer. Unfortunately, she created a somewhat sticky situation by applying for asylum and then voluntarily returning to her home country. Presumably, she has a valid explanation for that. However, a lawyer will ensure that the explanation is clearly and properly communicated to USCIS. She should not file for further immigration benefits without consulting an immigration lawyer if it is important for her to visit and/or live in the U.S. some day.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  2. Alexander Joseph Segal

    Contributor Level 20

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    Lawyers agree

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    Answered . That American fiance shall hire an immigration attorney. It will be quite a difficult situation because of the filed and then withdrawn asylum application and the subsequent return to the hope country shortly after that.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. F. J. Capriotti III

    Contributor Level 20

    4

    Lawyers agree

    Answered . They need a lawyer.

    She might have a 3 year bar ... requiring a waiver.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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